SAN DIEGO - A court gave you a number but, unfortunately, that does not necessarily mean you will actually see a dime of that money. Even though the court will not try to collect on your behalf, it will issue the necessary orders to help you. Your judgment is good for 10 years and renewable (to extend its 10 year expiration date) after that.
When to start trying to collect?
When either the time for appeal runs out (30 days after the initial judgment), or after you win the appeal and the judgment is sent back to the small claims court (this usually takes 10 days after the appeals decision). A debtor must send you a Judgment Debtor's Statement of Assets (Form SC-133). Some courts mail a Form SC-133 to the debtor together with the original judgment.
What can you do to collect?
It's illegal to harass the debtor (party that owes you money) but sending a letter to remind they owe you money pursuant to the court order enclosed is fine. Consider offering to negotiate a payment plan. Keep track of your expenses because some of them may be reimbursed.
Debtor's examination
After the debtor ignores both you and the Judgment Debtor's Statement of Assets form, you can ask court for sanctions and to schedule a debtor's examination. This procedure compels the debtor to appear in court and answer your questions about his or her assets under oath. This way you find out which, if any, assets it is best to go after first. Ask about income sources, employment, property locations, bank accounts, stocks, etc. You have the right to subpoena debtor's paystubs, deeds and similar documents that prove the value of the assets. You can even ask the judge to order the debtor to turn over cash in his or her wallet to you right there.
To start the debtor's examination process, you must fill out:
1) Application and Order to Produce Statement of Assets and to Appear for Examination (Form SC-134) and attach a blank Judgment Debtor's Statement of Assets;
2) Small Claims Subpoena for Personal Appearance and Production of Documents at Trial or Hearing and Declaration (Form SC-107).
File these forms with the court and make sure to serve them on the debtor.
Ignoring this hearing has potentially serious consequences for the debtor. Failure to show up may result in a bench warrant for the debtor's arrest. The judge will most likely not be present, so you will have to ask the questions yourself. If you have any problems with the debtor at the hearing, or the debtor fails to show up, you can ask the clerk to go get the judge.
To find out more about civil litigation process, please visit San Diego business and employment attorney Sergei Tokmakov's legal article website and employment law blog. Call now (858) 205-5665 for a free consultation.
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