Legal Question in Credit and Debt Law in California

My Husband and I are trying our best to represent ourselves in a Civil Court matter because we cannot afford legal fees. The defendant owes us a significant amount of money for services we provided and have gone unpaid. The county court has ruled in our favor as they Judgment Debtor failed to appear to the hearing. In order to find out what assets they have, we have been told to file an OEX and demand that they appear in court to examine their assets. We just learned that they have moved out of state from California to Florida (to avoid their debt to us). We do not know where in Florida they live now.

My Questions is when they do not show up for the OEX hearing (served to their last known address) what do we do next. Can we file a Bench Warrant for their arrest here in California? Do we have to move the hearing to Texas? Any help is greatly appreciated! Thanks so much.

Asked on 6/18/13, 1:50 pm

2 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

Not sure why you would move a hearing to Texas when you are in California and they are in Florida?

Even if you get a bench warrant in California, what good would it do? They aren't in California anymore. You may want to contact a collection agency that can work in Florida. My guess is that these people will appear on the radar with a job or a residence shortly, ... If you have the right information you may be able to have the collection agency show the debt is in collection on their credit report...

Be prepared for the worst.. They may not pay or they may file for bankruptcy....

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Answered on 6/18/13, 6:51 pm

John Laurie Gertz and Laurie

First a order to appear for examination must be personally served. Second depending upon the size of the judgment you may be able to get an attorney to collect it for you. If you wish feel free to call my office 818 345-0123. Depending upon the amount of the judgment we may be interested in handling it fr a contingency fee..

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Answered on 6/18/13, 10:45 pm

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