Legal Question in Business Law in California

A California Promissory Note with 17k and secured by collateral was taken to small claims and the plaintiff was awarded 7.5k. How do I ensure the collateral assets are sold to satisfy the debt? Do I need to appeal the decision if the disposition of the Assets where not specified in the judgement.

Asked on 3/01/11, 11:14 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Was the security real property, personal property (called a chattel mortgage) or mixed collateral (both real and personal property)?

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Answered on 3/02/11, 9:04 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A small-claims judge is pretty much limited to money judgments. They probably lack jurisdiction to specify how a judgment for $7,500 shall be paid. The losing defendant could reach into his billfold and pull out 75 $100 bills, for example (although obviously unlikely). Code of Civil Procedure sections 116.810 et seq. deal with satisfaction and enforcement of small-claims judgments, which is done pretty much the same as superior court judgments, and most of the drudgery is left to the plaintiff, except the plaintiff can recover its costs of collection under CCP 116.820(c).

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Answered on 3/02/11, 9:36 am

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