San Jose, CA asked in Small Claims and Collections for California

Q: What legal actions should I take before reporting to credit bureaus if the defendant didn't pay per judgment ?

I won a lawsuit and the defendant was ordered to pay me certain amount of money per judgment (but no deadline was specified in the judgment). The defendant haven't paid for about a month. What legal actions should I take before reporting to credit bureaus? And when can I start to charge interest on them ?

Related Topics:
4 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Collections Lawyer
  • Jacksonville, FL

A: Please retain an attorney. The judgment is picked up by credit bureaus pursuant to California law, and you can assess interest pursuant to the judgment and California law. This forum is not designed to spoon feed people with answers to legal and procedural questions; you'll do much better by retaining an attorney.

Leon Bayer
Leon Bayer
Answered
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: Judgments are normally picked up by the major credit reporting agencies and automatically included on the defendant's credit reports.

Joel Gary Selik
Joel Gary Selik
Answered
  • Collections Lawyer
  • 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Collections Lawyer
  • Sacramento, CA
  • Licensed in California

A: Before reporting to credit bureaus, there are a few legal actions you can take to try to collect the money owed to you by the defendant:

Request a Debtor's Examination: You can request a debtor's examination from the court, which requires the defendant to appear in court and answer questions under oath about their assets and ability to pay the judgment. This can help you locate assets that can be seized or garnished to satisfy the judgment.

File a Writ of Execution: As I mentioned in my previous answer, you can file a Writ of Execution with the court, which authorizes the Sheriff's office to seize the defendant's assets to pay the debt.

Garnish the defendant's wages or bank account: You can also garnish the defendant's wages or bank account, as I previously mentioned.

In terms of charging interest, California law allows you to charge 10% interest per year on the unpaid judgment from the date it was entered. You can begin charging interest on the unpaid judgment after 10 days have passed since the date the judgment was entered.

It's important to note that before reporting to credit bureaus, you should make sure that you have exhausted all other avenues to collect the debt. Reporting to credit bureaus can have a negative impact on the defendant's credit score, which can make it more difficult for them to obtain credit in the future. Therefore, it's generally considered a last resort after other collection efforts have been unsuccessful. If you do decide to report to credit bureaus, you will need to provide proof of the judgment and the amount owed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.