If you’ve recently won a court case and were awarded a judgment, you’re probably ready for the ordeal to be over. Unfortunately, that isn’t always the case. Once you are awarded a judgment, it’s your responsibility to collect it. Depending on the nature of the case and the attitude of the other party, this can quickly become a challenge. That’s why it’s important to understand how to enforce a judgment in California.
Thankfully, there are a handful of actions you can take to enforce a judgment and get what you’re owed.
A judgment refers to the final decision made in a court case that determines what the defendant, or judgment debtor, owes the plaintiff, or the judgment creditor. Typically, judgments fall under three main categories: money judgments, possession judgments, and injunction judgments.
Once a judgment is finalized in court, it is up to the creditor to collect it, as the court does not handle this part of the process. Before you begin trying to collect a judgment, it’s important to first locate the debtor if you don’t already have their contact information. It’s wise to do this as soon as possible after the ruling since it can become more challenging to find the debtor as more time passes.
From there, you can collect information about their assets to determine which enforcement methods are the most effective. It’s also helpful to know exactly how much you are owed so you’re ready with all the necessary information when the time comes to collect.
Since collecting the judgment is ultimately up to the creditor, it’s important to act quickly to ensure you have ample time to get what you are owed. In California, judgments usually expire after 10 years, and you won’t be able to collect on it after that period unless you file for a renewal.
Fortunately, there are some actions you can take to help move the process along if you believe a debtor will not honor the outcome of your court case. Here are six ways you can enforce your judgment in California.
A: If a judgment debtor refuses to pay the judgment owed to the creditor, the creditor can file to allow the sheriff to collect money or other assets from the debtor on their behalf. Working with a California judgment enforcement lawyer can give you added peace of mind as you navigate these procedures.
A: Yes, unpaid judgments earn interest each year they go unpaid. Unpaid money from a judgment collects either a five percent or 10 percent interest per year. If the debtor is a state or local government entity, the interest rate is seven percent instead. To collect the interest on a judgment, the creditor must track and calculate the interest owed and file a Memorandum of Costs After Judgment (form MC-012).
A: A debtor’s examination is a tool creditors can use to learn more information about a debtor’s finances, properties, and other assets to help them collect a judgment. To complete a debtor’s exam, you must file in a court within 150 miles of where the debtor works or lives.
A: You must collect a judgment within 10 years, or else it will expire. If the debtor has still not paid within five years, you can file with the court to renew the judgment. It’s important to note that you must wait five years to renew it, and you must do it within that 10-year period. Otherwise, you can no longer attempt to collect it.
If you are having trouble collecting a judgment, working with a California judgment enforcement lawyer can help. Scheer Law Group, LLP, has over five decades of experience helping businesses with judgment enforcement and more, so we’re confident we can offer personalized care that results in a positive outcome for your case. Contact our team to learn more with a consultation today.
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San Rafael, CA 94903
Telephone: (415) 491-8900
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85 Argonaut, Suite 202
Aliso Viejo, CA 92656
Telephone: (949) 263-8757
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