Legal Question in Employment Law in California

what if you sue for 1,500 win your case and the person does not pay will they go to jail?


Asked on 9/28/10, 8:24 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

No. Debtor's prison was abolished quite a while ago. If you're the judgment creditor (i.e. the winner in the lawsuit), you now have to identify the judgment debtor's assets and levy them. For instance, if you know that the person works for wages, you can obtain a writ of execution and have the sheriff levy the wages. The same with bank accounts the judgment debtor owns. If you don't know this information, you can set a judgment debtor's exam in court, and elicit answers to focused questions that will point you in the right direction to seize and sell assets. If the judgment debtor does not appear for the exam, after a certain time, a "body attachment" might be issued for his/her arrest to appear at the exam, and other penalties might also attach.

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Answered on 10/03/10, 11:07 am


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