Laguna Hills, CA asked in Collections, Contracts and Small Claims for California

Q: I have a decently sized default judgement from a UD in Ca. Are there companies or attorneys who can help collect?

I have the UD, Writ of Execution (from 2013) and have tried to serve 2-3 banks years ago to see if this individual had money with those banks with no luck. Its been several years now and this POS has written another book (hes a complete fraud) but it looks like he has been making money. I think I know where he lives now and can provide some more info about this guy and his business. Hes "self employed" so I don't think any kind of wage garnishment would work (at least not for very long). My hopes is to collect as much as I can from what I am owed. Daily interest was included in the judgement so its become a sizable amount to collect.

2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: It sounds like you have some knowledge about how this process works. You are entitled to a judgment debtor exam, for which the most important part is the subpoena for his documents, all bank records, credit card records, any bills he has, records of ownership of any personal property worth more than $100.00, vehicles, boats, furs, gold, investments, etc. etc. Sounds like you also need to include the contract with his publisher. You could serve the writ on the publisher to get paid. There are a lot of attorneys in OC who will help you do this but the fee for collections is pretty steep.

Oh, your judgment is only good for 10 years but you can get it renewed for another 10.

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Nathan Wirtschafter
Nathan Wirtschafter
PREMIUM
Answered
  • Collections Lawyer
  • Encino, CA
  • Licensed in California

A: Your 2013 writ of execution is almost certainly no longer valid. A writ of execution is valid for two years from its issuance. (Cal. Code Civ. Proc. section 697.710.)

As an alternative to a writ of execution, you may consider a judgment debtor examination coupled with a turnover order. Judgment debtor examinations are intended to "leave no stone unturned in the search for assets which might be used to satisfy the judgment." (Troy v. Superior Court (1986) 186 Cal. App.3d 1006, 1014, 231 Cal.Rptr. 108.) At the conclusion of the judgment debtor examination, the court may issue a "turnover order," instructing the debtor to deliver non-exempt property or funds to the creditor or levying officer. (Cal. Code Civ. Proc. sectio 708.025(a).)

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