By : Ron Sokol | Category : Uncategorized | Comments Off on We won in Court… now what?
5th Mar 2014
Q: So we won in small-claims court, and the defendant didn’t appeal. How do we collect?
— B.J., Lynwood
A: A good primer on steps you can take can be found at www.courtinfo.ca.gov/selfhelp/. Click on the small-claims title. There is a section titled “collecting your judgment.” Make sure to click on the link SC-200-info. Also, you can record a personal property lien with the California Secretary of State’s Office (go online to www.sos.ca.gov and type “personal property lien” in the search box), and you can record an abstract of judgment in the California county (or counties) where the debtor may have real property.
The Orange County Superior Court also has excellent details on collecting a small-claims judgment at www.occourts.org/self-help/smallclaims/collectingthejudgment.html.
Q: How does an abstract of judgment work? I guess I’m also asking whether it really does work.
— L.S., West Athens
A: It can work. The abstract of judgment is a standard form. At the website of the California Judicial Council, it’s form EJ-001. There is a fee to record it in the county where the debtor may have real property. If you have the debtor’s name, and he or she attempts to refinance or sell a property, a title search typically is run. Any recorded liens ought to show up.
If it’s a sale, the escrow likely contacts you and pays you off if there’s sufficient equity to do so; on a refinance, the debtor probably is going to be required by the lender to clean up your lien. It also can affect a person’s credit rating, which may give him or her motivation to work things out. Now, it has not happened a whole lot, but occasionally I have a client, we win, get judgment and record an abstract, only to somewhat forget about it … then a few years later … voila!
Q: We won, got judgment, but have to chase the bum. Can we get attorney fees?
— L.K., Lawndale
A: Is there an attorney fees clause in a contract you had with the judgment debtor? Is there some statute that is applicable that allows for recovery of attorney fees? If so, you may have an opportunity when the time comes to apply (file a motion with) the court, and ask to add attorney fees to the judgment. Otherwise, you probably don’t have a basis to get attorney fees, but the good news: Civil judgments in California accrue interest at 10 percent per annum. That’s a lot better than most people can get on a variety of investments today.
Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.
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