Long Beach, CA asked in Elder Law and Small Claims for California

Q: I am the Plaintiff in a case that was filed in LB Courthouse on July 7, 2023. The Defendant, after requesting Mediation

was ordered to pay $200 starting on 7/12. She paid July & August but have not paid since. What can I do?

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1 Lawyer Answer
James L. Arrasmith
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  • Elder Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if the defendant in your case is not complying with a court-ordered payment arrangement, you have several options to enforce the order. First, you can file a motion with the court to enforce the agreement reached during mediation. This motion can request the court to take action to ensure compliance.

Additionally, you may consider filing for a wage garnishment or bank levy if the defendant is employed or has a bank account. These are legal procedures that allow you to collect the owed amount directly from the defendant's wages or bank account, subject to certain legal limits.

You should also keep detailed records of all missed payments, as this documentation will support your case when you approach the court or pursue other collection methods.

It's often beneficial to communicate with the defendant, if possible, to understand the reason for the non-payment and potentially negotiate a revised payment plan. However, if these efforts fail, court intervention might be necessary to enforce the agreement.

Remember, you have legal rights to the payments agreed upon, and there are mechanisms in place to help you collect what is owed. If you find the process overwhelming, seeking advice from a legal professional might be helpful.

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