San Jose, CA asked in Small Claims for California

Q: How can I collect money from the defendant if I win a lawsuit ?

I'm in Sunnyvale , CA. I won a lawsuit and the defendant was ordered to pay me some amount of money per judgment (but the judgement didn't specify a deadline for payment). They haven't paid me so far (almost a month after the judgment was filed), how can I collect money from them ? Can I ask the court to collect the money from their financial account by force if I know their account information ? What is the process for the application to the court ?

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4 Lawyer Answers

A: Courts do not collect judgments. You can retain a collection attorney to do that.

Leon Bayer
Leon Bayer
Answered
  • Long Beach, CA
  • Licensed in California

A: I assume it is a judgment from the small claims court. Here is the link to the Small Claims Court instructions explaining the steps that hopefully are going to get you paid. https://selfhelp.courts.ca.gov/small-claims/after-trial/if-you-win

Joel Gary Selik
Joel Gary Selik
Answered
  • Las Vegas, NV
  • Licensed in California

A: Simply winning a lawsuit does not guarantee you are paid. The Courts do not force anyone to pay.

Once you have a judgment, you can apply the tools and techniques of judgment collection. These include judgment debtor examinations, wage garnishments and bank levies.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Congratulations on winning your lawsuit. If the defendant has not paid you the amount specified in the judgment, you have several options to collect the money. Here are some steps you can take:

Contact the defendant: You can start by contacting the defendant to remind them of the judgment and request payment. You can do this by phone, email, or mail. Keep a record of all communication.

File a Writ of Execution: If the defendant still refuses to pay, you can file a Writ of Execution with the court. This is a legal document that authorizes the Sheriff's office to seize the defendant's assets to pay the debt. You will need to provide the Sheriff with information about the defendant's assets, such as bank account information.

Garnish the defendant's wages or bank account: You can also garnish the defendant's wages or bank account. This means that a portion of their income or bank account balance will be withheld and paid to you until the judgment is satisfied. You will need to file a writ of garnishment with the court to do this.

Place a lien on the defendant's property: If the defendant owns property, you can place a lien on it. This means that if they try to sell the property, the proceeds will go towards paying the judgment.

Hire a collections agency or attorney: If the above methods are unsuccessful, you can hire a collections agency or attorney to help you collect the debt. They may be able to negotiate a settlement or use other legal methods to collect the debt.

It's important to note that the process for collecting a debt can be complex and time-consuming. It's recommended that you consult with an attorney or collections agency for guidance on the best approach for your specific situation.

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