Threats Used to Collect Small Claims Judgments in California
- You cannot begin to make efforts to collect on the judgment until at least 30 days have expired from the date the judgment was entered. If the other party appeared in court, the 30-day period allows that party time to decide whether to file an appeal. If the other party did not appear in court, that party has 30 days to request the judge to set aside the judgment.
- Once the 30-day waiting period expires, consider writing the other party a letter requesting payment. Do not threaten or attempt to intimidate the other party. Remind the party that the court ruled in your favor and entered a judgment for a specific dollar amount. Request payment within a specific time period, such as 10 days, and remind the party that he has the option of paying the money directly to the court for a fee.
- If the other party refuses your request for payment, you may be able to have his property seized. To locate the party's assets, consult the form titled "Judgment Debtor's Statement of Assets." This form must be filed out by the other party and mailed to you within 30 days from the date the court clerk mails the judgment paperwork to you. As its name suggest, the form lists all of the other party's assets. If the party refuses to fill out and send you the statement, you can return to court and ask the judge to hold that party in contempt. Review the statement carefully to determine whether the party has assets that can satisfy your judgment.
- If the other party does have assets, return to the court clerk and ask for a form titled "Writ of Execution." The writ of execution allows the sheriff or marshal to seize the property listed in the writ. Fill the form out and return it to the clerk for approval. Take the form to the sheriff or marshal in the county where the assets are located within six months after the date the writ was issued by the clerk. The sheriff or marshal also must deliver the writ to the other party within this six-month period.
- If the other party is employed, you have the option of compelling the party's employer to withhold a portion of the party's wages and send them to you. This is called wage garnishment. Ask the court clerk for a "Wage Garnishment Form." Fill out this form and a writ of execution form. Deliver the forms to the sheriff or marshal within six months after the court clerk has approved them. The sheriff or marshal also must deliver the form to the other party within this six-month period.
- If the other party owns real estate, a lien can be recorded against the property. The lien, called a "judgment lien," works like a mortgage. If the party wants to refinance or sell the property, the judgment lien must first be paid. Ask the court clerk for a form titled "Abstract of Judgment." Fill out and record the form at the recorder's office in the county where the property is located.
- A judgment in California automatically expires after 10 years unless renewed. You have the option of renewing the judgment for a second 10-year period as long as you do so before the expiration of the first 10 years. Ask the court clerk for a form titled "Application for and Renewal of Judgment" and a second form titled "Notice of Renewal of Judgment." File the completed application with the court and deliver the renewal form to the other party.
30-Day Waiting Period
Requesting Payment
Locating Assets
Writ of Execution
Wage Garnishment
Real Estate Liens
Renewing a Judgment
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