Legal Question in Civil Litigation in California
Question on collecting a judgement.
I am cruently counter sueing someone. I am 100% possitive that I will win the case because this person is only sueing me because they know I have money and they wanted to scare me with this lawsuit so they could try to get money from me. Little did they know that I would fight back. When I recieve this judgement I want to make sure that I collect. They too have property exsisting of two house and 5 cars. All paid off except one car. I don't know if I want to put a lien on the houses or take the cars. If I decide to take the cars, can I? which would be better? because I want to pay off the lawyer fees I have incured. I want to make sure that I get payment because I know if I am not faster then them they will move their assets to some family member. They don't know that I know they have assets or what belongs to them. I want to be prepared. What is the best thing to do? Thank you very much for your advise, I will probably use it.
2 Answers from Attorneys
Re: Question on collecting a judgement.
You can put a lien on the houes, but not on the cars. You can have the cars auctions off and the proceeds applied to the judgment. You can also do the same thing with the houses, subject to any applicable homestead exemption.
The best method to collect a judgment will vary from case to case. You can visit this following link to an article on my web site for more details on collecting judgments: http://www.chs-law.com/2005/02/using-small-claims-court-part-ii.html
Re: Question on collecting a judgement.
Don't be so sure you'll win. There are lots of ways to lose a lawsuit even if you think the facts are on your side -- especially so if you don't have a lawyer.