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  1. #1
    sbchick007 is offline Junior Member
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    Question How do I collect On Small Claims Judgments against Bank of America in California?

    I won a small claims case against Bank of America (about $8000) and it's a year later that I am still trying to get a response to payment.
    My next step is getting the sheriff to involved.

    I went through:
    [url=http://www.courtinfo.ca.gov/selfhelp/smallclaims/collectintro.htm]California Courts: Self-Help Center: Small Claims: Collect Your Judgment: Introduction to Collecting Your Judgment[/url]
    [url=http://cc-courthelp.org/index.cfm?fuseaction=Page.viewPage&pageId=4797&parentID=2938]Small Claims - Virtual Self-Help Law Center - Small Claims: Collection for Creditor[/url]

    And since most of these deal with small claims against individuals, how would I serve BANK OF AMERICA?

    Thank you for any advice on this.
  2. #2
    Antigone* is offline Senior Member
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    Really, you won a small claims case for $8,000 in California. Hmmmm somehow I don't believe that
  3. #3
    sbchick007 is offline Junior Member
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    Yes, it's true! It was for overcharging in finance charges, misc fees.
  4. #4
    Antigone* is offline Senior Member
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    Quote Originally Posted by sbchick007 View Post
    Yes, it's true! It was for overcharging in finance charges, misc fees.
    Really, I do not believe you. The statutory maximum for small claims in California is $7,500.

    You did not tell the truth.
  5. #5
    sbchick007 is offline Junior Member
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    It's $8000 because of the added interest since it's been a year now.
    Award was on 1/8/2010 for $7585 by the Superior Court of California.
  6. #6
    Willlyjo Guest
    Quote Originally Posted by sbchick007 View Post
    It's $8000 because of the added interest since it's been a year now.
    Award was on 1/8/2010 for $7585 by the Superior Court of California.
    It makes perfect sense and I believe you.

    It would be a good idea if you thoroughly researched the California Civil Code of Procedure concerning judgement recovery. I don't see why you can't ultilize a marshal to do a "Till Tap" since banks have enough money to satisfy your judgement against them.

    Your Writ of Execution just has to name the judgement debtor and if it is Bank of America, then it should be rather easy to recover your judgement.

    That said off the top of my head, let me go do some research on the subject and get back to you with a more specific answer.

    I'm back! So if you are having a problem recovering your judgement, then you can make the debtor fill out what is called a "statement of assets" (form SC-133) BTW...this information is off the back of a Notice of Entry of Judgement I received recently.

    If the debtor does not send you the completed form, you can file an "Application and Order to Produce Statement of Assets and Appear for Examination" (form SC-134) and ask the court to give you the relief you seek after proper notice, pursuant to Ca. Civil Code of Procedure section 708.170.

    Then after you find out about the judgement debtor's assets, you can ask the court for the Writ of Execution (form EJ-130) and pay the required fee. "A writ of execution is a court paper that tells a law officer to take property of the judgement debtor to pay your claim." Some examples of the kinds of property the officer may take (as described on the back of the document I mentioned) are wages, bank account, automobile, business property or rental income.

    If ever there would be such a thing as an easy recovery, it would be here, OP. Bank of America can not run and hide like lots of other judgement debtors ha ha!
    Last edited by Willlyjo; 04-13-2011 at 11:28 PM. Reason: clarity
  7. #7
    CourtClerk is offline Senior Member
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    Quote Originally Posted by sbchick007 View Post
    It's $8000 because of the added interest since it's been a year now.
    Award was on 1/8/2010 for $7585 by the Superior Court of California.
    So you didn't win $8000... but never the less, your small claims judgment should have come with a sheet (depending on the county the back of the judgment) on what to do if you win a judgment. Tells you about how to collect.

    If you can't find it, then visit [url=http://dca.lacounty.gov/mnCollections.htm]Collections Menu[/url]
  8. #8
    Antigone* is offline Senior Member
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    Quote Originally Posted by Willlyjo View Post
    It makes perfect sense and I believe you.

    It would be a good idea if you thoroughly researched the California Civil Code concerning judgement recovery. I don't see why you can't ultilize a marshal to do a "Till Tap" since banks have enough money to satisfy your judgement against them.

    Your Writ of Execution just has to name the judgement debtor and if it is Bank of America, then it should be rather easy to recover your judgement.

    That said off the top of my head, let me go do some research on the subject and get back to you with a more specific answer.
    There is no need to "tap their till.". I am sure that bank has enough cash on hand to pay her judgement. It shouldn't have taken her a year to figure it out either. Not like they have a place to hide
  9. #9
    sbchick007 is offline Junior Member
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    Thanks Willlyjo and CourtClerk for your responses.

    A bit more on this.

    I had sent a letter to the BOFA's manager on 818 West 7th Street, Los Angeles, CA 90017, who has cooperated by saying he'll pass it onto their legal team. That was a month ago and the first time someone from BOFA acknowledged my letter.

    At this point, it seems hopeless trying to get BOFA to pay the SC-130 Notice of Entry of Judgment. My case is lost in their many corporate departments.

    I also can't see a sheriff going into the BOFA's commerical branch to take this to this next level. I don't know how to or who get in touch with BOFA's legal department.

    So here I am asking for advice on how should I beat this corporation....
  10. #10
    CourtClerk is offline Senior Member
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    Quote Originally Posted by sbchick007 View Post
    I had sent a letter to the BOFA's manager on 818 West 7th Street, Los Angeles, CA 90017,
    That's not B of A's manager. That address sounds painfully like CT Corp's address...
  11. #11
    Antigone* is offline Senior Member
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    Quote Originally Posted by CourtClerk View Post
    That's not B of A's manager. That address sounds painfully like CT Corp's address...
    I just used Google maps to see that address and it is not a bank. CC you work nearby, take a look.

    Ok, so now there is another inconsistency
  12. #12
    sbchick007 is offline Junior Member
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    It's not inconsistency. It's what I did exactly. I'm simply stating what I did. I am not here to ask for negative advice.

    If you have no good advice, please stop your sacastic remarks.
  13. #13
    Antigone* is offline Senior Member
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    Quote Originally Posted by sbchick007 View Post
    It's not inconsistency. It's what I did exactly. I'm simply stating what I did. I am not here to ask for negative advice.

    If you have no good advice, please stop your sacastic remarks.
    We cannot give you accurate advice when we cannot believe what you say. File you writ and have the Sheriff serve it.

    Tipi - out
  14. #14
    sbchick007 is offline Junior Member
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    Thank you again Willlyjo. I will take your advice and get the forms filled out.

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