Legal Question in Civil Litigation in California
Won small claims, how do I collect judgement?
I won my case in small claims, it has been 30 days, there was no appeal filed, and I have not been paid. How do I collect my money from the party? They have a local business, theres no way they can up and move or they don't have the money. The amount is only $500.
2 Answers from Attorneys
Re: Won small claims, how do I collect judgement?
Take a certified copy of the judgment to the marshal's office and ask for a "till tap." There is a fee of maybe $100. The marshal will go and take the money (including the fee) out of their cash register.
Re: Won small claims, how do I collect judgement?
You will have to complete and file with the court a writ of execution, and that's what you take to the sheriff with your money. You can do a till tap, as Mr. Stone suggests. If it's not a cash and carry kind of business, you can levy against their bank account(s) if known. You can also take a debtor's exam to learn where they have their bank accounts and other assets.