Judgment collection

[Dirtman1]

What is the name of your state (only U.S. law)? California

I recently won a judgment against a merchant in a small claims court in my attempt to get my deposit money back. The court ruled in my favor but the merchant vowed to file an appeal, which he did, and had stated to me several times before this case was held that I will never get my money back from him.

So after I was awarded the court ruling, this merchant waited on the 29th day of the 30-day period, in which he was suppose to pay me the judgment amount, and filed for the appeal like he told me. I have viable reasons to believe he has no plan on paying this.

a) He have another small claims ruled against him where he filed for an appeal and has not paid that judgment amount for that case, even despite losing the ensuing appeals process. I know this because I came to be aware of the other person through one of the complaint in a consumer review section.
b) This merchant have a vast experience of dubious business dealings in the past bearing DBAs which are no longer functioning. There are numerous reports in the internet that documented complaints and reports of his misdeeds (previously conducted the same type of business under a different permit. Same person, different license permit this time).

If the appeal process once again rules in my favor, why are my options in making sure I get my deposit money (judgment amount) back?

Thank you in advance.

 

[CreativeBlock]

Depending on how worth your time the amount is, I believe you could petition the court for a "writ of execution" that would allow you to levy the bank account of the defendant.

Some courts even allow for a seizure of goods.

 

[Dirtman1]

Thank you for the response, CreativeBlock.

I will definitely read up on proper processing for 'writ of execution', if it ever comes to that. The amount in question is pretty (relatively) significant to me so I would have to do everything I can to try and get it back. Not to mention just the very core principle of this situation.

As another option, is going to a collection agency a viable option?

 

[CreativeBlock]

Thank you for the response, CreativeBlock.

I will definitely read up on proper processing for 'writ of execution', if it ever comes to that. The amount in question is pretty (relatively) significant to me so I would have to do everything I can to try and get it back. Not to mention just the very core principle of this situation.

As another option, is going to a collection agency a viable option?

You're very welcome.

As for the principle involved, please bear in mind that in some cases, the principle can cost you. You reference involving a collection agency ~ they are not cheap. They take a contracted (meaning, it will depend on the cost you negotiate) chunk out of whatever funds you receive.

And most (I said "most," DC, if you are lurking in this thread) will make settlements (that you might not like) simply to satisfy the debt and get their money.

If memory serves (I haven't used one in several years and even then, the debtor was too hard to collect from), it's a pre-established settlement amount. But I'm not sure if that's mentioned up-front. Again, I can't remember.

I do wish you luck!

 

[Dirtman1]

Thanks again..

Ironically enough, I just received a message from the other person I mentioned earlier and she told me that so far this merchant hasn't yet paid her and the Sheriff's dept (or court) adviced her of the 'writ of execution', too.

I am currently contacting my bank to try and see if I can get the merchant's account number and have it ready in the event the appeals court uphold their previous ruling.

If my bank doesn't know the account number, is there any other way I can get this info? There were two transcations done when they first took my deposit...one by debit card charge and the other by check. The other person doesn't have the account number since she paid her through credit card. I have the merchant number but I don't think that'll work.

add: I just checked with my bank. The transacted check did not have an endorsement in the back of the check so they do not have information of his bank account number.

 

[CreativeBlock]

I assume you know the bank the person banks with?

That should be all you need to know (aside from the obvious: their name).

Further:

How do I collect from a retail business?

If you wrote a check to the business, you may be able to look at the back of your cancelled check to find out where the debtor's business bank account is located. You could then collect by directly levying on that bank account.

In addition you may want to either do a till tap or have a keeper put into the business. A "till tap" involves a one-time emptying of a cash register up to the amount of the judgment. A "keeper" involves sending a sheriff's deputy to a business for 4 or 8 hours to collect all cash and checks paid to the business during that time period. Click here This is an external link. Click this icon for our external linking policy. for more information about till tap/keepers. (Note: The sheriff's fee mentioned here is for Sacramento County. Your sheriff may have a different fee.)

Am I able to collect from the debtor's money in accounts or property located in a safe deposit box at a bank or credit union?

Yes. In many counties you don't need to actually have an account number to do this. Check with the small claims legal advisor or sheriff/marshal This is an external link. Click this icon for our external linking policy. for more information.

You only need to know the branch where the accounts are maintained or the safe deposit box is located.

You'll need the court to issue a Writ of Execution (form EJ-130). You'll then need to prepare instructions for the sheriff/marshal explaining what you want them to levy. Check with your levying officers to see if it has a local form or prepare your own. Click here to find your local sheriff This is an external link. Click this icon for our external linking policy..

In many counties you'll need to hire a process server to serve the bank with the Notice of Levy (Enforcement of Judgment) (form EJ-150) that is needed to put your recovery from these sources into effect. Check with the small claims legal advisor or sheriff/marshal This is an external link. Click this icon for our external linking policy. for more information. If you hire a process server, they generally will prepare the instructions as a part of their fee.

California Courts: Self-Help Center: Small Claims: Collect Your Judgment: More Ways to Collect a Judgment

 

[Dirtman1]

Thanks so much for your patience and assistance...

I am currently working on this as I respond to the thread/you...

I did asked my bank if they at least know the name of the bank of the merchant. The online personnel I was speaking to did try to find out but unfortunately the answer was a 'no'. Now I have to do some finger walking and see how I can manage to get this info.

I am also reading up the FAQs on the court's website for things I needed to know about 'writ of execution' and other 'options' right now (thanks for that tip).

As far as the collection agency, that doesn't sound promising in terms of recovering my money at all...I think I was more in the idea that it will 'scare' him to give me the money back if there's any threat of receiving bad marks on the business's credit ratings. But maybe that isn't such a hot idea...

I'm thinking of writing to BBB and the State Attorney General, though I think they may also be limited in their assistance for a consumer like me.

Would it be wise if I asked the other person to appear during my appeals hearing as a character witness. Maybe if 'we' explain to the judge about this matter, I can ask the judge to have him divulge his bank account number in court (?).

I am almost discouraged as I was really under the impression that court systems exist to provide equitable settlements against situations like this (consumer protection).

 

[Willlyjo]

Depending on how worth your time the amount is, I believe you could petition the court for a "writ of execution" that would allow you to levy the bank account of the defendant.

Some courts even allow for a seizure of goods.

In California you can get a Marshal to go and perform a "Till Tap" in which he orders the Merchant to give him the money that is in the cash register and that comes in via customers for a certain period of time. You can do this everyday if you want to but remember, the Marshal gets paid for this service.

You can even have the Marshal seize assetts from the Merchant. There are many ways to make the merchant's life miserable if he doesn't want to pay a judgement he owes to you.

 

[Dirtman1]

Hi WillyJo-

Unfortunately, the till tap wouldn't be of help to me and 'us'. The merchant is a DIY company type. Their office have a very small showroom with a shop in the back that 'makes' the DIY item. Hence, consumers either pays (deposit or otherwise) by check or Credit/Debit cards...

Since this is a DIY shop, they do not have an installer, which they instead have a list of referred installers. They do this as I'm finding out, so they don't have to have a contractor's license (hence a number I can file a complaint against on the state board).

As for, "There are many ways to make the merchant's life miserable if he doesn't want to pay a judgement he owes to you. " I sure would love to know what they are as long as they are well within the law.

They have operated under more than a few DBAs under a different business permit/license in the same general locality in the past. None of which are operational today. Based on this, I am convinced the merchant is well versed on exactly how far can the law can assist me in getting my money back. The actual person's past business dealings is well documented on Rip-Off Report and a few other product / consumer reviews. Thus I know I am not the first, and very likely won't be the last.

How and why the city continually issues them a permit and allows them to operate is beyond me.

 

[Dirtman1]

Update

Not sure if updates have little or no use for the forum but I thought to update my situation just in case it's useful...

My appeals court date came and went. The defendant, one who filed the appeal and also the debtor, didn't show up for the hearing and the judge dismissed the case. He then granted me the judgment once again.

Accordingly, the debtor is now obligated to pay the judgment amount immediately. I immediately filed the writ of execution and went to the sheriff's office to levy the amount through their banking institution.

I spent the time with my bank once again and after almost an hour on the phone, they finally traced their (debtor/merchant) bank. They won't give me any other info other than the name of the bank. They said it's a national bank, so a name is all that's needed. The Sheriff's office however, without directly telling me to do so, insisted on my giving them an address to go to. They handed me a phone book. I struggled with this exercise for a minute based on the information I came in with until it finally donned on me that I can give them just 'any' address,preferably the closest one since they can simply go to or correspond with that/any branch and go through their database.

I was told they'll be in contact with me in the next 15 days.

Do the merchant/debtor have any other means to contest/prolong/challenge the court's decision/judgment any longer despite the original hearing and the ensuing appeals' decision?

 

[Dirtman1]

An update and also hopeful someone can give me an advice what can I do now...

I just received a correspondence from the Sheriff's office today. My writ of execution to levy the debtor's bank was unsuccessful. The correspondence carried a stamp that read: "Account Closed"

Can anyone help me and tell me what else can I do?

The other person who also sued this merchant had been corresponding with me. She tells me she also filed a writ of execution except the bak she used is different to the one I did. Our lawsuits basically happened at the same time. Should I just file another writ and name the bank she used this time?

Thanks in advance.

 

[Willlyjo]

An update and also hopeful someone can give me an advice what can I do now...

I just received a correspondence from the Sheriff's office today. My writ of execution to levy the debtor's bank was unsuccessful. The correspondence carried a stamp that read: "Account Closed"

Can anyone help me and tell me what else can I do?

The other person who also sued this merchant had been corresponding with me. She tells me she also filed a writ of execution except the bak she used is different to the one I did. Our lawsuits basically happened at the same time. Should I just file another writ and name the bank she used this time?

Thanks in advance.

Why don't you get a writ of execution and have the Marshal go to the Merchant and seize the Merchant's property?

 

[CourtClerk]

One writ per county every 6 months, unless you have the original writ returned... (willyjo must not have known that - nor does he know that we don't use the Marshalls anymore and haven't in at least 10 years)

so have the sheriff serve the writ somewhere else.

 

[Willlyjo]

One writ per county every 6 months, unless you have the original writ returned... (willyjo must not have known that - nor does he know that we don't use the Marshalls anymore and haven't in at least 10 years)

so have the sheriff serve the writ somewhere else.

What are you talking about? Maybe in your jurisdiction Marshals don't perform seizures of money and/or property, but in my neck of the woods they do. Very simple...go to the Marshal's office in the Superior Court and get a "Writ of Execution" and pay the fees for the Marshal to go and do a "Till-Tap", "bank account levy" or seizure of the "judgement debtor's" assets.

A Writ of Execution is good for 180 days so you can use it more than one time as long as you specify in the paperwork what exactly you want the Marshal or Process Server to do.

You can even get a court order to seize property without a Writ of Execution as noted when you research California Civil Code of Procedure Sections 699.010--699.090.

Just being a CourtClerk where you work doesn't mean it is that way everywhere. I guess now you know.

 

[davidmcbeth3]

Whats with your signature line willy?