Orange County Judgment Enforcement Lawyer

Orange County Judgment Enforcement Attorney

After you win a trial in court, the judgment may state that the other party owes you money, property, or some other action to compensate for the legal issue that occurred. Once the court issues a judgment, it’s out of their hands, and it’s up to you to collect the money. This can often be a stressful and contentious process—especially if the other party is unwilling to cooperate. That’s when it’s helpful to bring in an Orange County judgment enforcement lawyer.

What Is a Judgment?

A judgment refers to the final decision made by the court at the end of a case that determines what one party (the debtor) owes the other party (the creditor). If the court ruling is a money judgment, the debtor is required to pay the creditor whatever is owed as soon as possible, as any unpaid money can collect five percent or 10 percent interest every year. Judgments owed by a state or government entity accrue a seven percent interest instead.

Types of Judgments

In the state of California, there are three main types of judgments that may be awarded after a case closes.

• Money judgments. This type of judgment is the most common type awarded in California. It requires the debtor to pay the creditor an established sum of money. For example, a lender may sue a borrower for not repaying a loan. If the lender wins, the borrower is obligated to pay the judgment.
• Possession judgments. This type of judgment grants the creditor the right to take control of a piece of property from the debtor. A possession judgment is a typical court ruling in cases between landlords and tenants. If a tenant is evicted, the landlord receives the right to take possession of the rental unit, which means the tenant must leave, or they can be forcibly removed.
• Injunction judgments. This type of judgment is ruled to stop one party from doing something harmful to the other party. Injunction judgments can typically either take the form of a temporary restraining order, a preliminary injunction, or a permanent injunction.

How to Collect a Judgment in Orange County, CA

Collecting a judgment in California starts with the creditor filing with the court and proving their case. The defendant then has the opportunity to defend themselves against the claims made by the creditor. Once a judgment is issued, it’s the creditor’s responsibility to collect it.

The first step in this process is to attempt to have the debtor pay you voluntarily. This can often involve making a deal to go on a payment plan or even settling for a lesser amount if necessary.

If they don’t intend to pay voluntarily, you can undergo a debtor’s exam in court where you can learn more information about the debtor’s finances and other assets. There are a few different ways you can collect a judgment, including:

• Collecting payment from their bank account
• Collecting payment directly from their paychecks
• Issuing a lien on their property

How to Enforce a Judgment

If you are having trouble collecting a judgment from a debtor in Orange County, you can enforce the judgment by filing a Writ of Execution (form EJ-130), which instructs the local sheriff to collect the judgment for you. An Orange County judgment enforcement lawyer can facilitate this process, so you don’t have to spend all your time and energy worrying about getting what you are owed.

Benefits of Working with an Orange County Judgment Enforcement Lawyer

Since collecting a judgment falls on the shoulders of the creditor, challenges often arise during the process. This is especially true if the debtor is unwilling to cooperate and voluntarily pay the judgment.

If you are having trouble collecting a judgment from a debtor on your own, an Orange County judgment enforcement lawyer can utilize legal methods to facilitate the process. Your attorney can locate their assets and work to seize them in order to satisfy the terms of the judgment.

Scheer Law Group, LLP, has been working with business owners, investors, lenders, and mortgage brokers to handle judgments for many years. We’re confident we can help you receive the judgment you are owed.

FAQs

Q: What Does “Judgment Enforcement Stayed” Mean?

A: A stay refers to a court order that temporarily stops the enforcement of a judgment, giving the court more time to review a case. It puts the winning party’s right to collect the judgment after the case on hold.

Typically, this happens when a defendant appeals the final decision made in court. Furthermore, any judgment is automatically stayed for 30 days from the date it was finalized to give the defendant time to file an appeal or motion to vacate.

Q: Does a Judgment Fall Off After Seven Years in Orange County?

A: No, a judgment typically expires after 10 years. Once it expires, you can no longer attempt to collect it. If you are having trouble collecting a judgment after five years, you can file a renewal with the court. It’s important to note that you must file the renewal before the 10 years are up.

Q: What Questions Do I Ask at a Debtor’s Exam?

A: At a debtor’s exam, you can get the most helpful information by asking questions about their assets, bank accounts, employment status, income, outstanding debts, and any other pertinent financial information. A debtor’s examination allows a judgment creditor to better understand the debtor’s financial situation so they can determine how to collect on the judgment owed.

Q: How Many Judgments Can You Have at One Time?

A: You cannot have multiple judgments pertaining to the same debt to a creditor. Every case ends with one final judgment that must be paid by the judgment debtor. That said, a person can have any number of judgments filed against them from different cases and, therefore, owe money to multiple creditors from separate judgments.

Contact an Orange County Judgment Enforcement Lawyer to Learn More

With over five decades of experience, the partners at Scheer Law Group, LLP, are prepared to help you receive what you’re owed from a judgment in California. Our Orange County judgment enforcement lawyers have represented many individuals and businesses throughout the state and are proud to offer personalized care to each one of our clients.

If you’re ready to take the next step in enforcing a judgment or collecting a debt, contact our offices at Scheer Law Group, LLP, to set up a consultation today.