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What recourse do i have to collect any money if the judge rules

in my favor at the...
What recourse do i have to collect any money if the judge rules in my favor at the small claims court, or if an agreement is made in mediation? I understand the judge may just say, "Good luck in collecting," can't attach wages, etc. How can I enforce payment be enforced?
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Answered in 37 minutes by:
11/1/2012
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 35,836
Experience: 30 years experience representing clients.
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Thank you for using JustAnswer. I am LawGuy and I will do whatever I can to answer your question.

That is always a risk in any lawsuit. You end up having to chase down the assets of the defendant when you get a judgment.

Some defendants are judgment proof.
Loren
Loren, Attorney
Category: Legal
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Experience: 30 years experience representing clients.
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Customer reply replied 5 years ago


I do not understand what you mean to chase down the assets. Do you mean such as a bank account, work? But how do I have these attached or collect on them? Are there people who specialize in collections for judgments?

You may request the court to assist in the enforcement of the judgment. The Application and Order for Appearance and Examination (http://www.courts.ca.gov/documents/at138.pdf) requires the judgment debtor to appear in court to answer questions concerning his/her assets. To schedule an Examination of Judgment Debtor hearing on a Limited or Unlimited Civil case, complete the Application and Order for Appearance and Examination form with your requested date. File the form in the Court Clerk's Office with the filing fee. The clerk will return the form to you to serve on the judgment debtor. If the judgment debtor does not show up for the hearing, an arrest warrant may be issued.

A Writ of Execution is a court order authorizing the Sheriff or Registered Process Server to carry out the Court's decision. The Writ of Execution is commonly used to attach the judgment debtor's wages or bank accounts. To have a writ issued, complete the Writ of Execution (http://www.courts.ca.gov/documents/ej130.pdf) and submit it along with the proper fee to the clerk of the court where the judgment was issued.

There are also collection agencies and judgment recovery sevices which you can find in the phone book or using a google search that will, for a portion of whatever is collected, attempt to collect for you.



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Customer reply replied 5 years ago


Thank you for that excellent information. Just one more question of explanation. What do you mean that some people are judgment proof? How can I prevent this from happening?

You can not prevent it. It is a sate of their own finances. Quite simply, they have nothing in the way of assets for a judgment creditor to attach or garnish. That is why they are judgment proof.
Loren
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Category: Legal
Satisfied Customers: 35,836
Experience: 30 years experience representing clients.
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Loren
Loren
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