Legal Question in Civil Litigation in California

I won a money judgment for my small claims case. The defendant has refused to send me information about his assets. What judicial forms I need to complete to 1) garnish wages of the judgment debtor, and, 2) levy his bank account?

If I skip the step of subpoenaing the judgment debtor to find out his assets which I know he will not comply with, and ask a lawyer or collection agency to collect my judgment, can I ask the court to pay me for collection expenses?

Where do I find lawyers or collections agencies to help me out with the asset recovery process?

Thank you for your response.

Asked on 6/08/13, 5:50 pm

2 Answers from Attorneys

John Laurie Gertz and Laurie
0 users found helpful
0 attorneys agreed

You can get your out of pocket costs but you can not get the attorney fees. However you do get 10% on the judgment. It would more than likely be easier to get an attorney to collect the judgment. I would suspect you would have to pay between 25 to 33% plus out of pocket costs. Your local bar association can refer you to someone in your area

Read more
6/08/13, 7:07 pm
Anthony Roach Law Office of Anthony A. Roach
0 users found helpful
0 attorneys agreed

You are entitled to attorney's fees in collecting the judgment if a contract or statute allows it. You would have to have an attorney evaluate that up front.

Collecting a judgment will first require a writ of execution (EJ-130). If you are going the levy route, you need to fill out an EJ-150, and an EJ-152. The sheriff is also going to have forms for instructions.

Read more
6/17/13, 5:14 pm

Related Questions & Answers

More General Civil Litigation questions and answers in California

Looking for something else?

Get Free Legal Advice

8787 active attorneys ready to answer your legal questions today.

General Civil Litigation Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now