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I need help toget a judgment which i was awarded against an…

I need help...

I need help toget a judgment which i was awarded against an unlicensed contractor i hired this person and accidentally overpaid him $570.00 for re-setting the tile on my house--i have been trying to get him to pay me the overpayment since nov 2016 he says he will pay me but never does

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

This is in diamond bar calif.

Lawyer's Assistant: Has anything been filed or reported?

I filed in small claims court he did not appear i have waited 30 days then i left a message if he was going to pay or i will take the next i recvd a judgment against him for 570.00 plus 100.00 for filing , serving papers and my expenses total of $670,00

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The contractor does not have a license

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Answered in 3 minutes by:
11/21/2017
socrateaser
socrateaser, Attorney
Category: CA Real Estate
Satisfied Customers: 40,060
Experience: Attorney and Real Estate Broker
Verified

Hello,

Did you pay this person by personal check?

Ask Your Own CA Real Estate Question

Okay, well, my point is that if you paid by personal check, then the identity of the contractor's bank and his account number will be on the back of the check. You can use that to get a writ of execution from the court and then instruct the sheriff's civil department to garnish that account. If the account has enough money to pay your debt, then the sheriff will take the money, and assuming that the contractor can't prove that he's entitled to exempt the money from garnishment, you will collect your money.

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socrateaser
socrateaser, Attorney
Category: CA Real Estate
Satisfied Customers: 40,060
Experience: Attorney and Real Estate Broker
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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