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How do I collect my money?

The small claims court cannot collect your money for you, but the
clerk or small claims advisor can tell you about some ways to do
this yourself.

For example, you may be able to have the defendant's wages
"garnished." This means that the person's employer gives you part
of the defendant's wages each pay day until the debt is paid. To
collect your money this way, you must find out where the person
works-, be sure to get the name of the company and its full
address, including the county. Then, ask the small claims court
clerk for a Writ of Execution and fill it out. When the court
issues this writ, the sheriff or marshal will deliver it to the
debtor's employer.

If you know where the defendant banks, the small claims clerk can
issue a Writ of Execution that the sheriff or marshal takes to the
bank. You need to know the name of the bank, the full branch
address and the county. The bank will pay you what is owed, if
there is enough money in the account.

A Writ of Execution also can be used to "attach" or take certain
kinds of personal property, such as stocks, bonds and the contents
of a safe deposit box. After this property is collected, it can be
sold in order to pay the money that you are owed.

Not all personal property can be taken. The defendant can file a
Claim of Exemption to protect the " necessities of life," possibly
including a house, furniture, clothes and some wages.

The cost of a Writ of Execution - as well as the amount that the
sheriff or marshall charges to deliver the writ - can be added to
the amount that the defendant owes you. You also are entitled to
interest during the time it takes to collect.

If you do not have the information you need to collect your money,
you can make the defendant come to court and answer your questions
about wages, the employer's location, bank account, personal
property and real estate. Contact the small claims advisor for
information about how to schedule this hearing.

Remember: The judgment is good for 10 years, and you can renew it
if you still have not collected the amount you are owed. But, in
many cases, the longer you wait, the harder it is to collect the

State: CA

Please remember that no information found at this site, in the database or in the responses from attorneys on the Knowledge Base can replace a face to face meeting or telephone consultation with a "real live" attorney about your particular case, problem or question. The information you find here or in the answers should just be a starting point in finding your answers.
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