i'm on my hoa board in california.one of our owners owes more than $5,000 in dues and damages.we got a small claims judgement against him but then he filed for ch 13 bankruptcy which was changed to ch 7.this morning i looked up the case and found it was recently dismissed because he didn't show up for a trustee meetinghow can we move quickly to try and get some of our money back?this person is a federal govt employee w. steady income
Optional Information: State/Country relating to question: California
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we already have a judgement in small claims against him as I mentioned initially
Thank you for your follow-up, Liz.Then the next step is to go back to court and seek a 'domestication' motion. This is a quick request to domesticate the judgment locally, as that would then grant you the right to seek a wage garnishment against him, a bank levy, or a judgment lien against his assets. My apologies, I missed the fact that you obtained a judgment against him, although if his debt is growing, you can go back to court and gain an additional judgment against him. With a domestication you can then increase the debt owed by including your collection costs and petition fees by adding it to the full judgment amount owed.Good luck.Dimitry Esquire41092.8363850347
great! do we do that in small claims or some other court?
Happy to help!You would go back to the same courthouse where you obtained your initial judgment, as they would be the court that would rule on the domestication.Good luck.Dimitry Esquire41092.8391076389
Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin