Won claim what is my next step

[sbower]

What is the name of your state? New Mexico
I won my claim against a doctor but she won't pay me. She has now moved to California so New Mexico can't garnish her wages. I know where she works in California but I don't know what my next step is.

Stacy Bower

 

[seniorjudge]

You need to find out if California will let you register the foreign judgment (i.e., from New Mexico).

Stand by to see if any CA lawyers are reading....

 

[dcatz]

California permits the "domestication" of sister-state judgments. That is, you'll have to turn your NM judgment into a CA judgment. Once you do that, you'll have all the enforcement "tools" available, as if the judgment were originally entered in California (and that's a lot).
(At the same time, your debtor has the right to challenge domestication using any of the defenses that would have been available to her in NM but, if you got it once, it shouldn't be a problem the second time, and often no challenege is even asserted.)
If you're thinking of doing this yourself, the procedure is explained beginning at Calif. Code of Civil Procedure sect. 1710.10, and you can find that here:
http://www.leginfo.ca.gov/calaw.html
However, you may be better off using local counsel, in the event that court appearances are needed.
Whether you do it or use someone, the first step for you will be getting a certified copy of your judgment frrom the NM court. You'll need that (CCP 1710.15(c)). CA forms are online.
Domestication is fairly simple. As usual, enforcement can get tricky.

 

[seniorjudge]

I would think that since the defendant is a doctor, it would be easy to sell this to a collection agency.

 

[dcatz]

I would think that since the defendant is a doctor, it would be easy to sell this to a collection agency.

You would think so, wouldn't you, SJ? But I have two judgments against two doctors, and they total over $250,000. One doctor owes the IRS over $1M and the other has been sued by everyone he ever treated. I wish he'd file for bankruptcy and put me out of my misery.

 

[seniorjudge]

I read about a physician (MD) who was arrested for selling dope in a pool hall, fer cryin' out loud!

You'd think he could make a WHOLE lot more $$$ in legitimate practice!