Simple small claims question....

[fuscucla1]

I am in California, and I am just curious about how I can collect after I get the judgement. Basically what is there to prevent the other party from just simply never paying. Thanks in advance.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by fuscucla1:
I am in California, and I am just curious about how I can collect after I get the judgement. Basically what is there to prevent the other party from just simply never paying. Thanks in advance.<HR></BLOCKQUOTE>

You have raised a good point. A judgement is just paper. You need to go to the next step and collect on the judgement. You may need to file a Garnishee, file the judgement as a lien, file an Order For Examination to see what assets the debtor has etc. In the alternative, you may have to contact the Godfather to send the boys down with a message. His boys will make them an offer they can't refuse. My boys will make them a refuse they can't offer. That's why I can't give my real name. Don't tell anyone but I'm in the Jehovah's Witness Protection Program.

 

[fuscucla1]

The person in question is at the time a student and has no assets, will I be able to collect in the future when he has a stable income and assets?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by fuscucla1:
The person in question is at the time a student and has no assets, will I be able to collect in the future when he has a stable income and assets?<HR></BLOCKQUOTE>

My response:

Sure, a judgment is "collectible" for 10 years, and upon a showing of good cause, is renewable for another 10 years. Since this person is in college now, just let the judgment simmer, collecting interest at 10% per year. Then, when that person least expects it, like when they're doing really well, and have property, apply to the court for a Writ of Execution against that Bank account, emptying it to pay the judgment principle, the interest, and all your costs of collection.

IAAL



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