Need help to collect

[Jenni_Pooh2]

What is the name of your state? California

I was a victim of a violent sexual assault and robbery and the guy that did it "Bill" was ordered to pay me $8,000 in restitution. He has served 3 years of a 5 year prison sentence and is now out. I no longer live in the county where this happened but he was paroled to that county. I've had the restitution turned into a civil claim on form CR110. Now I have his address, phone number, social security number, address, date of birth and license number. My question is, now what do I do to collect on this. I know he is working, it's required by his parole. However, his parole officer said that even though one of the conditions of his parole is to repay the restitution, it is not something he can enforce.

I'd like to place a garnishment or lien on him, but I don't know where to start. I have a restraining order on him and do not want to do anything to violate that.

 

[HomeGuru]

What is the name of your state? California

I was a victim of a violent sexual assault and robbery and the guy that did it "Bill" was ordered to pay me $8,000 in restitution. He has served 3 years of a 5 year prison sentence and is now out. I no longer live in the county where this happened but he was paroled to that county. I've had the restitution turned into a civil claim on form CR110. Now I have his address, phone number, social security number, address, date of birth and license number. My question is, now what do I do to collect on this. I know he is working, it's required by his parole. However, his parole officer said that even though one of the conditions of his parole is to repay the restitution, it is not something he can enforce.

I'd like to place a garnishment or lien on him, but I don't know where to start. I have a restraining order on him and do not want to do anything to violate that.

**A: hire an attorney to file civil action to collect.

 

[Jenni_Pooh2]

I thought that since I have the civil judgment already, that I wouldn't have to go to court any more? Also, it has already been ordered by a judge for him to pay. It's actually getting him to pay that is the problem. I do not have money for an attorney, so now what?

 

[JETX]

Go to your local bookstore or library and get a book on how to collect a California judgment. I suggest "How to Win in California Small Claims Court". The last chapter or two will detail (with forms) on how to collect a judgment. Use the procedures shown in them.

http://search.barnesandnoble.com/booksearch/isbnInquiry.asp?isbn=0873379403
http://search.barnesandnoble.com/booksearch/isbnInquiry.asp?isbn=1572481943

 

[stephenk]

follow Guru's advice. get an attorney to assist in collecting the judgment. last thing you want is having Bill coming back at you.

 

[HomeGuru]

I thought that since I have the civil judgment already, that I wouldn't have to go to court any more?

**A: you thought wrong.
*********
Also, it has already been ordered by a judge for him to pay. It's actually getting him to pay that is the problem. I do not have money for an attorney, so now what?

**A: getting a judgement and collecting on that judgement would be 2 separate court actions. Hire an attorney by agreeing to give the attorney a portion of the proceeds. This is called hiring an attorney on contingency. Go collect bill from Bill.

 

[JETX]

Though I understand stephenk's advice as to attempting to isolate you from 'Bill', the enforcement of the judgment is really something you can do yourself (with the assistance of the books I suggested). If you really feel concerned about any possible direct contacts with 'Bill', you can certainly consider using the services of a competent 'judgment enforcement specialist'. If you wish to do that, you can find one through:
www.cajp.org
or
www.enforcemyjudgment.com

As for your statement "I thought that since I have the civil judgment already, that I wouldn't have to go to court any more?", contrary to the post by my esteemed colleague, you are absolutely CORRECT.

The form you used (CR-110), when properly signed by the court, is an "ORDER FOR RESTITUTION AND ABSTRACT OF JUDGMENT".
A copy of the form can be found at:
http://www.courtinfo.ca.gov/forms/newforms/cr110.pdf

As such, it is a valid judgment and can be enforced just as any other.

The only thing you need to do know is to attempt to force the debtor to pay you (if he has non-exempt assets).
As noted earlier, you can do that yourself or considering letting someone else do it for you (for a fee).