Gather Your California Court Decision
Collecting a small claims judgment in California can be a straightforward process, but it requires patience and adherence to specific steps. Here's a simplified guide to help you navigate the process.
Confirming the Final Judgment
Before initiating collection efforts, ensure your judgment is final and enforceable. Generally, you must wait approximately 30 days after the judgment to start collection, as the debtor may appeal during this time.
Obtaining and Filing Necessary Court Forms
Once the judgment is final, obtain certified copies of the final judgment, Abstract of Judgment, and a Writ of Execution from the court clerk. File the Abstract of Judgment with the county recorder where the debtor owns property to create a lien against their real estate or assets. This lien lasts for 10 years and is renewable. The Writ of Execution authorizes the sheriff or marshal to seize the debtor’s assets or garnish wages.
Attempting Direct Collection
Before formal enforcement, send the debtor a written payment request (preferably by certified mail with return receipt) showing you made a good-faith effort to collect.
Judgment Debtor Hearing (if needed)
If the debtor does not pay, you can request a judgment debtor exam hearing using form SC-107 to compel the debtor to disclose their financial information and assets. At this hearing, you may question the debtor about their finances, ask the judge to order cash payment on the spot, and gather information to assist in collection.
Using Legal Enforcement Methods
If the debtor fails to appear at the hearing, you can request the judge to issue a bench warrant compelling the debtor to appear. Use the Writ of Execution to request the sheriff’s help in seizing property or garnishing wages/bank accounts. Wage garnishment, bank levies, and property liens are common enforcement tools.
Potential Consequences for Non-Compliance
If the debtor does not comply, potential consequences include the issuance of a bench warrant ordering them to court, sheriff-assisted seizure of assets or wage garnishment, and liens on their property affecting their credit and ability to sell or refinance.
Remember, courts do not collect money for you; as the judgment creditor, you are responsible for enforcing payment using these tools. Also, it is illegal to harass the debtor, but sending a letter reminding them of the court order is allowed.
This guide provides a general overview of the process. For specific details, consult your local court or legal advice.
- Failure to adhere to the payment request might necessitate the use of legal enforcement methods, such as a judgment debtor exam hearing, issuance of a bench warrant, or sheriff-assisted seizure of assets, plus liens on property and potential wage garnishment or bank levies.
- In the realm of business, understanding the financial aspects like collecting small claims judgments is crucial, especially when it comes to managing debts and maintaining a financially stable operation.
