Legal Question in Personal Injury in California

Re: How do i collect a judgement that was awarded to us in Court

File an abstract, and apply for a judgment debtor's examination. You will likely find however, that he will challenge the judgment, either through CCP 473 or a collateral attack of the judgment. You would be well served by obtaining representation. Please contact me directly at (619) 222-3504.

Re: How do i collect a judgement that was awarded to us in Court

There are several actions that you can take to collect on a judgment. You can record an abstract of judgment in the county in which the judgment debtor has real property. You can take a judgment debtor's examination requiring him to bring documents regarding his assets with him. You can levy on his bank accounts and any property he owns.

Call me if you would like to discuss this matter as well as representation.

J. Caleb Donner

805-494-6557

We are LEGAL WARRIORSsm

Re: How do i collect a judgement that was awarded to us in Court

If you are in California, the first thing you should immediately do is record an Abstract of Judgment with the County Recorder of the County in which your defendant owns his apartment comples. The form can be purchased from the court in which the judgment was entered. Additionally, you can take steps to have the rent the defendants tenants are to pay him paid directly to your son. While you should probably seek the assistance of a qualified attorney, a company called Nolo Press publishes a "do-it-yourself" book on collecting judgment. You can also go to the County Law Library and look at a book called California Practice Guide: Enforcing Judgments and Debts (The Rutter Group), which will help in your collection efforts.

Re: How do i collect a judgement that was awarded to us in Court

Nolo.com sells a good book for lay people on collecting judgments.

Re: How do i collect a judgement that was awarded to us in Court

Was a notice of entry of default served on the defendant? He then has 6 months to file a motion to set aside the default. If he hasn't responded, then you have perfected the judgment. You can then set a hearing and subpoena him for a debtors hearing and you can ask him about all his finances etc... Did you have a prove-up hearing on the amount of the judgment? Did the accident happen on his property? He should have insurance to cover the loss. If he does, the insurance company will come in and defend and try to get everything set aside. Judges are reluctant to grant defaults where there is ample insurance. I worked for all the big carriers including State Farm, Fireman's Fund, Safeco, Farmers and many more. I was called on many times in such circumstances and typically the judge would let the defendant off the hook. That puts everything back to square one. I practice in California and Indiana. If you have any questions let me know.

Best regards,

Michael Cortson

219-340-3890