If you are in California and have won a money judgment, there is a chance that your debtor may or may not pay. Certain laws are applicable for judgment enforcement in California which affect the collection process. Judgment collection mainly refers to the collection of a certain amount of money.
There are various ways you can collect a judgment in California and some of them are given below:
Levy a Bank Account
Bank levying is a process that involves taking the judgment from the debtor’s bank account. Certain steps must be followed to achieve this. The steps include the following:
- You have to find out the bank details of the debtor. This will include details like the bank’s name and the branch location of the bank.
- Once you find the bank, you need to get authorization to levy the bank. To do this, you will need to get the Writ of Execution (form EJ-130). You need to fill in this form and make three copies of it. After filling out the form, you need to have the Clerk’s office issue an official Writ of Execution. One copy needs to be filled by the local sheriff, the other by the state and the third one for record keeping.
- Once the paperwork is completed, you need to get in touch with the sheriff’s office and know how to get a levying officer.
- Once you have a levying officer, you need to provide them with all the details, including the bank name, bank account and when to levy the account.
- The levying officer will make use of the Writ of Execution for a Notice of Levy (EJ-150) and give to the bank.
- The is the final step which involves the levying officer to collect the amount and provide the creditor with the info who will get in touch with you.
If the debtor is not a federal employee and self-employed with a pay above the poverty line, you can intercept up to 25% of the debtor wages. Steps involved in wage garnishment includes the following:
- Get to know the debtor’s place of work.
- Next, you will need to get the Writ of Execution (form EJ-130). You need to fill in this form and make three copies. Then you need to have the Clerk’s office issue an official Writ of Execution. You will have 180 days before the Writ will expire once the clerk has issued it.
- Complete WG-001, which is all about applying for the earnings withholding.
- Approach the local sheriff’s office with the Writ of Execution and let them complete the WG-001 form.
- After the Employer’s return has been finalized, you need to be aware of the payment structure. If the debtor does not object, the levying officer will be able to gather the wages according to the court order.
Perform a Till Tap Levy
This happens when the levying officer approaches the business and collects all the checks and cash in the register. The steps include the following:
- Get a levying officer. This is done by going to the local sheriff office and inquire about the civil money judgment. Once you do this, you need to get to the location and know about their till tap fees, how to get the forms and also the copies that you require.
- Give the levying officer all the necessary instruction and info, including when the business expects to receive a significant amount of cash.
- The levying officer will follow the instructions so as to help you collect your money. Once collected, you will be informed.
Action a Keeper Levy
This involves sending a sheriff’s deputy to the business for around four to eight hours. Their main aim will be collecting cash and checks until the court judgment is paid in full. The steps include:
- Know the business location and name once you have the Writ of Execution, Declaration of the Accrued Interest, Cost Memorandum after the Judgment and the Acknowledgment of Credit.
- The paperwork should be done by the clerk and given to the sheriff.
- The sheriff will be instructed to have a keeper at the business.
- The sheriff will proceed with the collection for the firm when instructed. The proceeds will be distributed accordingly.
These are just a summary of various processes that you can utilize when it comes to collecting a money judgment in California.
At Fast Eviction Service, help on any of the issues discussed in this article is simply a click or phone call away. Email email@example.com or call our office at (800) 686-8686 to discuss your questions for a free evaluation of your case.
Debt Collection And California Judgments
When you win a judgment in court, you get a written statement from the court which lists the judgment and the sum awarded to you in the form of damages. The defendant, in this case the debtor, can appeal the judgment and the sum awarded with the hopes of overturning the judgment. In California, the courts usually call for a hearing in such a case so that they can better understand the legitimacy of the compensation. Read More...
5 Things You Should Know About The California Fair Debt Collection Practices Act
As per the California Fair Debt Collection Practices Act (CFDCPA) neither the debt collector nor the creditor is allowed to use any kind of unfair, deceptive, or abusive methods for collection. The act is no way eliminates the debt amount but only ensures that the collection process is fair for both the parties. Read More...
Why Small Claims Court Judgments For Landlords Are Hard To Collect
Small claims courts exist to enable people settle relatively small disputes, usually concerning money. With these courts, people can represent themselves and avoid hefty attorney fees as well as other court fees. By their very nature, they’re simple, cheap, and relatively fast. Read More...