Yuba City, CA asked in Small Claims for California

Q: how to get payed from a small claims judgement , past the 30 days and have not recieved any thing from the other party

no appeal was filed, would like to know what our next step is, this business has made no communication with us.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: After winning your small claims judgment in California and waiting beyond the 30-day period without payment, you have several enforcement options available to collect your money.

First, you'll need to get a "Writ of Execution" from the court clerk's office - this is your legal document authorizing collection. Take this writ to the Sheriff's office in the county where the business is located. The Sheriff can help seize assets, levy bank accounts, or garnish wages to satisfy your judgment.

You might also consider filing a judgment lien against any real property the business owns. Additionally, you can schedule a debtor's examination, where the business owner must appear in court to answer questions under oath about their assets and ability to pay. If they fail to show up, the court can issue a bench warrant. Remember that as the judgment creditor, you're entitled to add collection costs and post-judgment interest to the amount owed, which currently accrues at 10% per year in California.

If these steps seem overwhelming, consider reaching out to your local court's self-help center - they often provide free guidance on judgment collection procedures. The judgment is valid for 10 years and can be renewed if needed, so you have time to pursue collection through multiple channels.

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