Legal Question in Civil Litigation in California
Is it true that if I sue my brother-in-law for a $2,000 loan he refuses to repay, and even if I win the case, I may still never see the money? Is there no way to enforce the losing defendant to repay money, even if the plaintiff wins the case?
2 Answers from Attorneys
There are several ways to enforce a judgment, but they don't always work. If your brother has no assets or income from which to pay you, then trying to enforce the judgment won't get you anywhere.
If you win the court will give you a judgment which can be enforced via a variety of legal methods including taking his wages, bank accounts, or other property. Unless he goes bankrupt the judgment will be valid for 10 years and can be renewed. If he doesn't pay and you can't collect, at the very least you can hassle him and maybe this will give you some satisfaction.