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Won a small claim case, now what?

Abunai

Abunai

Active member
Joined
Jan 8, 2005
Location
Oakland, San Jose
Moto(s)
Ninja 250
Name
Stephen
I won a small claim case against an auto repair. I want someone\collection to do the collection for me. Who do I go to? Any recommendation?
 
You have to wait 30 days (time allowed to appeal) and than you can collect.

Personally, I would send a certified letter to the business requesting payment. I would include a copy of the writ. Also include, an address where he or she can mail the money you are owed. You can offer to accept less than the whole judgment if the debtor pays right away. But if you agree to accept less than the whole judgment, you will give up your right to the rest of the money.

If the debtor does not pay you by the date the court ordered, write him or her a second letter and include a copy of the court order. Remind the debtor that he or she owes you money and that you may have to follow more serious steps if he or she does not pay you voluntarily.

If you then don't get paid, hire out (collection agent or lawyer, upwards of 20% commission. If the judgement is too low they may not want it.) or get the sheriffs involved (if they still do this).

I can dig up the lawyer we used for a garnishment of a tenants wages. If she goes an gets yet another new job, it won't be fiscally feasible to continue renewing through the lawyer. We pay a flat rate every time now.
 
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I think then you need to submit to court and get orders to garnish a paycheck served to their employer. I think you have to do that for every paycheck until it's paid.
 
ctwo said:
I think then you need to submit to court and get orders to garnish a paycheck served to their employer. I think you have to do that for every paycheck until it's paid.
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You can't garnish the wages of a business. There are no wages. You have to get a writ from the court to get the sheriff to collect for you. It's not an easy process. Hire a local attorney to do it for you. It might not be worth the effort though. Another option is to negotiate with the debtor. It might save you a bunch of time and effort. Something is better then nothing.
 
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ctwo said:
I think then you need to submit to court and get orders to garnish a paycheck served to their employer. I think you have to do that for every paycheck until it's paid.
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not every paycheck. You serve a writ of garnishment and the employer keeps deducting until it's paid in full.

You can read all about it here

http://www.courts.ca.gov/34892.htm

now, if the employee quits. You have to find out where they work and you get to do it all over again.

dravnx said:
You can't garnish the wages of a business. There are no wages. You have to get a writ from the court to get the sheriff to collect for you. It's not an easy process. Hire a local attorney to do it for you. It might not be worth the effort though. Another option is to negotiate with the debtor. It might save you a bunch of time and effort. Something is better then nothing.
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but you can put a lien on it.
 
OK, I missed it was a business. The case I had to deal with, the guy was getting paid by different sources so that was probably the reason it had to be filed every time I thought he was going to get paid. I did not end up going through all that and $11k judgement for nothing.
 
What to do after winning a small claims case?

I think the barf answer is hookers and blow. :party
 
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