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DIRT BAG WONT PAY! judgement !!!! keyed my car!!!

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quincy

Senior Member
The $2400 judgment probably is not large enough to interest a collection agency or attorney - but you could see if a collection agency will buy the judgment from you. You aren’t likely to get much for it, though.

If the judgment debtor is currently unemployed, has few assets and is indigent, attempts to collect from him now are likely to be an exercise in futility.

I suggest you hold onto the judgment, renew as necessary, and hope that the guy eventually becomes employed.

Good luck.
 


Zigner

Senior Member, Non-Attorney
Guy keyed my car and got sued for 2,400$. I won and he won't pay after countless letters and texts. I put a lean on his house but still nothing. He leases a brand new car and im sure he has $ i don't know his bank or work info claims he doesn't work which i think is true.

Basically, I have to force the $ out of him, what are my options?

I live in Californa
Have you completed a debtors exam?
 

zddoodah

Active Member
I'm a little surprised that you're surprised that he hasn't paid voluntarily.

The most common ways of enforcing a civil money judgment against an individual are bank levies and wage garnishments. Forms for these purposes are available at this link. In order to learn the process, I would ordinarily suggest spending an afternoon at the county law library looking at The Rutter Group's Enforcing Judgments and Debts practice guide. Waiting until access to libraries is restored is an option. In the meantime, you can review the self-help section at the California Judicial Council's website. You can also review Chapter 3 and Chapter 5 of Division 2 of Title 9 of Part 2 of the California Code of Civil Procedure. You should also review Article 2 of Chapter 6 of Division 2 (etc.) regarding debtor exams.

i do want to have the sheriffs come to his house and collect valuables but the small claims advisor said it normally gets denied. What do you think?
I don't have any idea what the small claims advisor might have meant by "it normally gets denied." However, the problem with "hav[ing] the sheriff[] come to his house and collect valuables" is that he must own something valuable, and you must know what it is. You can't simply send the sheriff to someone's home and say, "collect whatever is there that is of any value." For a $2,400 judgment, levying on random crap in someone's house is almost certainly going to be impractical and cost-prohibitive.
 

ZXZZ22

Member
I'm a little surprised that you're surprised that he hasn't paid voluntarily.

The most common ways of enforcing a civil money judgment against an individual are bank levies and wage garnishments. Forms for these purposes are available at this link. In order to learn the process, I would ordinarily suggest spending an afternoon at the county law library looking at The Rutter Group's Enforcing Judgments and Debts practice guide. Waiting until access to libraries is restored is an option. In the meantime, you can review the self-help section at the California Judicial Council's website. You can also review Chapter 3 and Chapter 5 of Division 2 of Title 9 of Part 2 of the California Code of Civil Procedure. You should also review Article 2 of Chapter 6 of Division 2 (etc.) regarding debtor exams.



I don't have any idea what the small claims advisor might have meant by "it normally gets denied." However, the problem with "hav[ing] the sheriff[] come to his house and collect valuables" is that he must own something valuable, and you must know what it is. You can't simply send the sheriff to someone's home and say, "collect whatever is there that is of any value." For a $2,400 judgment, levying on random crap in someone's house is almost certainly going to be impractical and cost-prohibitive.
Yep, for the debtor exam what do think i should ask him to bring that something private i can use to my gain like a realse document of his car? hopefully, it has info about his payment method or i can call and ask the dealer.
 

zddoodah

Active Member
for the debtor exam what do think i should ask him to bring that something private i can use to my gain like a realse document of his car?
I don't really understand what this question means (in part because everything after the word "bring" is grammatically garbled).

hopefully, it has info about his payment method or i can call and ask the dealer.
One obvious thing to ask for is a year's worth of statements for all bank accounts. Also, no legitimate business would give out a customer's financial information in the absence of a subpoena (and there is no provision in the Code of Civil Procedure for third party document discovery).
 

quincy

Senior Member
Yep, for the debtor exam what do think i should ask him to bring that something private i can use to my gain like a realse document of his car? hopefully, it has info about his payment method or i can call and ask the dealer.
Although there stands to be little money in it for you, I suggest you try to sell the debt to a collection agency. You apparently do not want to hold onto the debt for a time when the debtor might have a job and you seem ill-equipped to handle the collection of the debt on your own.
 

Zigner

Senior Member, Non-Attorney
Yep, for the debtor exam what do think i should ask him to bring that something private i can use to my gain like a realse document of his car? hopefully, it has info about his payment method or i can call and ask the dealer.
There are books available that would help you in this matter. A web search would yield some good links.

I don't really understand what this question means (in part because everything after the word "bring" is grammatically garbled).
I *think* this is a proper translation: What do you think I should ask him to bring to the debtor's exam? Perhaps something private that I can use to my advantage, like a copy of the lease documents for his car (for example)?
 

cbg

I'm a Northern Girl
I get the impression that the OP is less interested in money than he is in taking something that belongs to the debtor - a house, a car - and that he'll be very disappointed if payment comes in some other form.
 

ZXZZ22

Member
I get the impression that the OP is less interested in money than he is in taking something that belongs to the debtor - a house, a car - and that he'll be very disappointed if payment comes in some other form.
He said he would " 100% never pay me" after I texted him and we argued. So only way to get paid is to take it by force. Also, for people telling me to sell the judgment, i don't think id get much for it at all. I'm about 300$ in total in this case in money i paid. Bug chuck was from putting a lein on his house which is 120$. The rest are just Sherrif fee;s to serve him papers and the court costs i paid to file
 

quincy

Senior Member
One of my favorite bands!
I wondered how long it would take for someone to comment on “bug chuck.” :)
... So only way to get paid is to take it by force. Also, for people telling me to sell the judgment, i don't think id get much for it at all. I'm about 300$ in total in this case in money i paid. Bug chuck was from putting a lein on his house which is 120$. The rest are just Sherrif fee;s to serve him papers and the court costs i paid to file
ZXZZ22, the judgment really doesn’t allow you to take anything “by force.” Read the information provided you in the various links to learn what you legally can do to collect your $2400.
 

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