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won case . how do i collect

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allphase

Junior Member
What is the name of your state (only U.S. law)? California (santa clara county )

i won my small claim case about a year ago. i still havent been paid. the court has been absoulutly NO help on the next steps. what do i need to do to get this guy to pay? also whats the amount of time i have to try and enforce the order

thanks james
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? California (santa clara county )

i won my small claim case about a year ago. i still havent been paid. the court has been absoulutly NO help on the next steps. what do i need to do to get this guy to pay? also whats the amount of time i have to try and enforce the order

thanks james


It's not the court's responsibility to help you collect.

This is the difficulty with small claims judgments - most are very difficult (if not impossible) to collect. Getting the judgment is the easy part...collecting, not so much.

Have you requested a wage garnishment? Anything like that? How much money are we talking about? (because it might cost you more than the judgment is worth to actually collect).
 

Zigner

Senior Member, Non-Attorney
This link will provide you with a huge amount of information relating to collecting small claims judgements in CA.

http://bit.ly/TPdZ7X
 

dcatz

Senior Member
James – When I began posting on FA, it was because of a question like yours, and the answer, unfortunately for you, hasn’t changed. Neither has the life of a judgment, which, if you don’t renew it is initially, is 10 years. Don’t think of it as an investment.

1) The methods are exactly the same as to a plaintiff who wins a multi-million dollar case in a higher court. The reason it hasn’t changed is that is that your legislature and courts have given you the most extensive statute in the country. If you can’t fit your problem into a right it doesn’t provide, you’re not trying, and that’s the reason you’re here. You didn’t learn your options beforehand; you didn’t have a plan if you won and, whoops, you did.

2) I don’t mean to be hard on you; your question is very common, but I don’t know why. You wouldn’t choose to go into a competition asking what the rules are, but you’ve handicapped yourself so much you’re asking people on the Net. Always plan how you’ll maximize a win; you’ll plan attaining it more intelligently.

3) Use the links you’ve been provided to learn basic procedure. The law that it refers to is the Uniform Enforcement of Judgments Act.
See http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=ccp&codebody=&hits=20 starting at § 608 of the Code of Civil Procedure.

4) You haven’t told us anymore about your debtor, so I can assure your that nobody can suggest the easiest and least expensive remedy likely to be successful
 

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