Does California allow a judgement creditor to lein on personal property?

[surferboy]

Hello and Good Day,

I am the judgement creditor in a small calims court case here in Orange County. The judge awarded me $385.00 not including court costs against the defendant who did not show up for the hearing. I tried to lein on a checking/savings account that he had but he has closed that account. To my knowlege the defendant has no real estate but has a small janitorial business here in Orange County. The defendant also has a big red truck that I thought I might be able to put a lein on, can I? If it is possible to put a lein on his motor vehicle how do I go about doing that? If it is possible to lein on his truck and I file the necessary paperwork does he have to sell it immediately or do I get my money when ever it is that he sells it?
Last but certainly not least, is there any lawyer that will help me with this process? I heard that most lawyers do not get involved with small claims cases, is this true?

 

[JETX]

Q1) "The defendant also has a big red truck that I thought I might be able to put a lein on, can I? If it is possible to put a lein on his motor vehicle how do I go about doing that?
A1) Maybe, but this is not usually a good idea. Reason is that their is very probably an existing lender-lien on the vehicle that would need to be resolved first before your lien. Additionally, it can be pretty expensive (out of your pocket) to put a lien on a vehicle... you have to pay the towing fees, storage fees, and legal (title) fees.

Q2) "If it is possible to lein on his truck and I file the necessary paperwork does he have to sell it immediately or do I get my money when ever it is that he sells it?"
A2) See A1 above.

Q3) Last but certainly not least, is there any lawyer that will help me with this process? I heard that most lawyers do not get involved with small claims cases, is this true?
A3) To be candid, your case is so small ($385, plus costs) that an attorney would probably not be practical. Instead I suggest the following:

1) You can haul his ass before the court in what is called a "Debtor's Exam". California has a fairly simple process for doing this and it is a lot of fun! Contact your court clerk for instructions.
2) Consider filing a Writ of Garnishment (Seizure Order) on this business. You would be surprised how fast he will pay when you grab his computer (with all his records) and even a few mop buckets and pails. Again, check with the court clerk.
3) Finally, you could consider talking with a Judgment Enforcer in California. If you will contact me at my website with your specific information, I can maybe refer you to someone in your area.