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CLICK HERE TO READ MY WHOLE ARTICLE: How Small Claims Works in California (PDF download at top of page)

Before I talk about anything else, I need to make sure that I impress upon my readers the absolute requirement that a Small Claims Plaintiff first demand payment or equitable relief from the Small Claims Defendant before they sue in Small Claims Court.  It is mandatory that you let somebody know that they owe you money or equitable relief before you sue them in Small Claims.  It is the unauthorized practice of law for me to write a Demand Letter on your behalf because I am not an attorney.  As part of a LegalShield Membership, your Attorney at your Partner Law Firm will write you a Demand Letter.  An Attorney written Demand Letter alone has a high probability of convincing somebody to pay you without having to go to court.  They will also advise you on a number of related issues which affect your legal rights.  Issues about which Court to file in all the way to the most efficient Enforcement of Judgment activities to implement …….(click to read more)

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CLICK HERE TO READ MY WHOLE ARTICLE: How Enforcement of Judgment Works in California (PDF download at top of page)

The following is a narrative explanation of the enforcement of judgment processes available to you.  Most of this and more can be found on the California Court’s Self-Help website http://www.courts.ca.gov/1014.htm. The Court will not enforce your judgment for you!  You have to follow legal procedures to enforce the judgment you have been awarded by the court.  80% of judgments go unenforced because most people are completely unaware of this simple fact.  This is an introductory presentation of the basics of Enforcement of Judgment.  By reading this you are on your way to being better off than 80% of the plaintiffs out there who have won their small claims or civil court case.  Don’t be daunted.  This presentation will cover the basics which are oftentimes all one needs to enforce their judgment.

First off, what do I mean by enforce your judgment?  For one thing, most of the California Judicial Council Forms used are labeled EJ, which stands for Enforcement of Judgment.  The other set of Judicial Council Forms used in enforcement of judgment are WG, which stands for Wage Garnishment.  EJ and WG, these forms are going to be the forms you use to force your judgment debtor to hand over the money they rightfully owe you.

The first thing you have to do to enforce your judgment is to locate your debtor.  Since you have probably just received a judgment against this person, you probably have a decent address to at least use as a starting point in locating your judgment debtor.  It could be the case that you have just received a judgment by default (defendant did not show up and the judge awarded you a default judgment), or that you have an older judgment and are only now beginning the enforcement of judgment process.  Either way, you need to locate your debtor and research your debtor’s assets.  Sometimes in a default judgment it was not possible to personally serve the defendant and substituted service or service by publication was completed.  Most of the time with a default judgment, people are served properly with personal or substituted service and they just elected not to show up because they simply had nothing to say in their defense.  What this means is that you probably have a good address and can easily locate the judgment debtor’s address…….. (click to read more)