Legal Question in Credit and Debt Law in California

Small claims in Orange County, California decided in my favor 100%; Writ of Execution obtained. Sheriff will go to banks to collect, but they are very backlogged. Licensed process server will do it for a large fee. When I ask the court clerks if his fee can be included in costs after judgement, I get YES and NO. One would think they would know this answer by now. Can you give me a difinitive answer to this? The process server's fee is $1,000.00. I know it's alot but if it can be collected, all the better.

Signed,

Very confused


Asked on 10/12/11, 5:15 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The sheriff or process server will collect their fee in addition to the amount listed on the Writ of Execution. Or you can record an abstract of judgment with the county recorder, so you would have a lien on all the bank's real estate. The bank then has to pay you before it sells any of its real estate, so you will quickly receive a very nice phone call followed by a check for the judgment and interest.

Read more
Answered on 10/12/11, 5:35 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California