Full question:
I won a judgment in small claim court in California against a corporation. How can I collect my money?
- Category: Small Claims
- Date:
- State: California
Answer:
In California, if a defendant loses a small claims case and does not appeal or pay the judgment within thirty-five days, they must fill out and return a Statement of Assets form to the judgment creditor within that time frame. This form, included with the Notice of Entry of Judgment, lists the debtor's property and income sources.
If the debtor does not pay voluntarily, the court can assist in enforcing the judgment through various orders. The judgment creditor may also hire an attorney or use a collection agency to collect the judgment. However, the court does not collect the judgment unless the debtor pays directly to the court.
Several enforcement procedures are available to help collect the judgment, including:
- Orders requiring the debtor to appear in court and answer questions about their finances (Orders to Appear for Examination).
- Orders demanding specific documents, such as bank records (Subpoenas Duces Tecum).
- Orders for the debtor to surrender cash or valuables to a levying officer (turnover orders).
- Writs of Execution allowing a sheriff or marshal to seize funds from the debtor's bank account (bank levies), wages (wage garnishments), or business cash registers (keeper levies).
If the debtor owns real property, the creditor can place a lien on it or even force its sale (Abstract of Judgment). Additionally, if the judgment is related to a motor vehicle accident, the creditor may be able to suspend the debtor's driver's license until the judgment is paid.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.