Legal Question in Civil Litigation in California
I have won a small money judgment against the Defendant in small claims court. The defendant has refused to pay me and has not responded to providing personal information. I have found out the Defendant�s bank account number and place of employment.
1) What forms do I need to submit to the court to get permission to freeze the Defendant�s account and garnish his wages?
2) What form do I need to submit to the court to add the cost of collecting my judgment ?
Much appreciated.
1 Answer from Attorneys
1) Regardless of what method you choose to collect the judgment, you will have to have the court issue a writ of execution. That is form EJ-130 and can be found on the California Court's website. Once that form is properly filled out and stamped, you will have to take to the sheriff's civil collection office and fill out instructions for the sheriff.
2) When you have the writ of execution issued, it is a good idea to have already submitted a memo of costs incurred after judgment, including a declaration of accrued interest. That form number is the MC-012.
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