I sued a guy and won the small claims court case for $4700. I wondering how to collect this judgement. I have filed a writ of execution. But to levy this bank account or garnish his wages, i need that info. I dont know where he works, and i tried to get him to pay but he wont. How would i go about finding his employment info or his bank info, so i get paid. This is in California.
I looked into collection agencies, but they charge like 25-35% of the winning judgement in fee. Thats crazy. Already paid a load for the court fees. I need to get my money with the low fee cost.
2007-01-06 19:50:07 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Here's some free advice that will work.
Your judgment should have his SSN# (social security number) on it and his date of birth and his address. First, verify his address. You can call local tax office, give them the address of the property you are asking for "value of". Go to switchboard.com. Enter his name and just put CA for state to see how many hits you get.
You can go back to the Clerk of Courts and they can assist you in collection. As the State's Attorney General's Office or local District Attorney's Office has jurisdiction over small claims actions and enforcement.
It would be safer to let them help you obtain bank info and employment. But you can pay a service like Nexus Lexus to find him with SSN# and DOB info alone.
Good Luck. Let me know via email if you need any further help.
2007-01-06 19:59:06 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Unfortunately, getting people to pay is hard to enforce. Part of it depends on which state you live. When we lived in Ohio, my partner sued a couple for a couple thousand dollars and won. They made one payment of $50 and 5 years later we gave up. It would have been more of a cost than it was worth. I hope your judgment turns out better. I have included a link that may help you through the process -- but again, each state is different and I don't know where you are.
Worst case scenario, if you itemize your taxes, you can list the $4,700 along with all court/legal costs as a lost against your gross income.
Good luck!
2007-01-06 19:58:06 · answer #2 · answered by SDTerp 5 · 0⤊ 0⤋
on line there are several websites that share the information that you are looking for. At least here in Michigan, there is. Type in California.gov understanding your rights under California law or simply that you judgment / Signed by the Judge to the state police department, and explain the situation. They may even have a email address you visit. Once a judge has issued the order, that is an inalienable finality. Only another judgment can over-ride this. Police are sworn to uphold the COURT of law. GOOD LUCK !
(have renters, got know their rights and mine too, so I know a little)
2007-01-06 20:04:59 · answer #3 · answered by ne_art1 2 · 0⤊ 0⤋
im not sure in ca, in my state the sheriff will have to ask the judgement debtor all of the execution questions pertaining to his property , bank accounts etc, im sure the person is going to be less than honest with the sheriff as always, what happens next is you can have a paper issued on the debtor called, special proceedings summons, this is a paper that calls the bad guy to court to be put under oath as to what he told the sheriff, if he lies now and can be proven that will be contempt of court, i hope this helps
2007-01-06 20:03:20 · answer #4 · answered by D M 2 · 0⤊ 0⤋
You can either play Colombo on your own and follow him for a day or two- or invest a little more money and get a private detective for a day or two.... either way, you will find out what you want and may more-- he could be living in a mansion---
2007-01-06 19:53:04 · answer #5 · answered by mac 6 · 0⤊ 0⤋
you could take her back to courtroom for no longer polishing off the courtroom order for fee, according to probability they are going to throw her in detention center for contempt of courtroom. different than that--because of the fact it is texas, all you're able to do is shop attempting to collect from her. merely stay in the guidelines of debt sequence (no better than thrice an afternoon, in uncomplicated terms between the hours of 8am and eight pm)
2016-10-06 13:45:09 · answer #6 · answered by ? 4 · 0⤊ 0⤋
You bring him back to court and get an order for payment (s), if he fails to do that, haul him back to court for being in Contempt of the Court's order!
2007-01-06 20:02:12 · answer #7 · answered by cantcu 7 · 0⤊ 0⤋
Here is a great bit of info for you:
http://www.lectlaw.com/files/civ05.htm
2007-01-06 19:59:57 · answer #8 · answered by Twisted Maggie 6 · 0⤊ 0⤋