Legal Question in Personal Injury in California
collecting on a judgement
I have a judgement on someone what can i do to collect it
4 Answers from Attorneys
Re: collecting on a judgement
You need to find out where the person has assets and prepare a writ of execution and have it issued by the Court. Then, levy on the assets that you've located.
J. Caleb Donner
DONNER & DONNER
LEGAL WARRIORS�
910 Hampshire Road, Suite R
Westlake Village, CA 91361
Tel: 805-494-6557
Fax: 805-494-0990
email: [email protected]
website: www.legalwarriors.com
Re: collecting on a judgement
there are many things that can be done, Judgement Debtor Exams, Bank Levies, Wage Garnishments.
Joel Selik
www.SelikLaw.com
800-894-2889
Re: collecting on a judgement
The first thing you need to do is have an Abstract of Judgment issued by the court, and recorded in at least the County in which the judgment debtor lives. That creates a lien against any and all real property owned or later acquired by the debtor.
What you do next kind of depends on how much informmation you have concerning the debtor. You can levy on bank accounts, garnish wages, levy and sell real property, and the list goes on and on.
A good resource for your to review would be Schwartz and Ahart's California Practice Guide: Enforcing Judgments and Debts (The Rutter Group), which can be found at your local law library. Nolo Press also has a book on collecting judgments which is also very good at explaining what you can do, and how to do it.
If you are inclined, and the judgment is large enough, there are attorneys who do nothing but judgment collection work. Typically they charge a portion of the amount they recover on your behalf.
California Judgments are good for 10 years, after which they expire unless renewed, so you want to make sure that you keep track of how old the judgment is. You would probably be interested to know (if you don't already) that judgments accrue interest at the simple rate of 10% per annum from the date of entry until paid.
Re: collecting on a judgement
Assign 1/3 to an attorney and send him out to collect it. You may contact me.