Legal Question in Credit and Debt Law in California

If you sue someone for money you loaned them, and you win the lawsuit due to the defendant not even showing up, the judge has ordered them to pay you, but the defendant wont pay any money back even after the judgment,, what kind of damages will the defendant incur ?? What kind of penalties can be imposed on them ??


Asked on 8/19/09, 12:44 am

2 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

You are entitled to 10% per year interest on the unpaid amount of the judgment plus collection costs associated with enforcing the judgment. So, you have to collect on your own judgment. The "costs" I'm talking about could be, for example, the court requires a fee to issue the Writ of Execution that you would need to present to the sheriff to levy on (seize) defendant's properties. The sheriff will also require upfront costs before they could seize the property. You total up the amounts in a form called the Memorandum of Costs.

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Answered on 8/19/09, 12:58 am
Bryan C. Becker Your Lawyer for Life.

Interest and costs as Mr. Doan effectively elaborated on.

Bryan C. Becker

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Answered on 8/19/09, 8:10 pm


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