The Judgment Collection Process for California Landlords
A judgment is usually obtained after winning your eviction case, a small claims case or after any monetary dispute filed within the court.
If the judge decides in the landlord’s favor against the tenant, the clerk of the court will enter a judgment against the other party. These judgements are often for unpaid rent, damages to the property, legal and court costs, and “Holdover damages” if the tenant stayed on the premises after their lease had expired or they had permission.
The tenant should pay the money directly to you or your attorney of record. If the debt is paid, then you must file an Acknowledgment of Satisfaction of Judgment form with the court within 15 days, and send a copy to the defendant for their records.
If the debt is not paid within a few days, however, you can start collections. Fast Eviction Service is a California Court Judgment Collection Agency that can start collecting money on any judgment you have at no out of pocket expense to the landlord. Even if the judgments are set to expire, we can renew them for you with added interest. Visit out collection information page to read more information, or give us a call at (800) 686-8686 and we’ll be happy to help you.
Steps During The Collection Process
The following steps can be taken by an experienced debt collector in order to successfully collect on your judgment. These include:
- WRIT OF EXECUTION: The Writ of Execution form gives a sheriff, marshal or other court officer authority to seize and sell property of the other party, and to pay the proceeds of the sale to you.
- EARNINGS WITHHOLDING ORDER: In order to attach the other person’s earnings to your judgment, we will need the name and address of the other party’s employer to give to the sheriff or marshal to serve a wage garnishment. We are entitled to 25% of the other party’s income per pay period.
- BANK LEVY: In order to levy the other party’s account, we will need the name of the bank, where their branch is located, and an account number. We are entitled to all amounts in a checking account and everything over $1,300.00 in a savings account.
- CLAIM OF EXEMPTION: The other party may be able to file a Claim of Exemption for the return of property or money that has been seized. If a Claim of Exemption is filed by the defendant we can oppose it by filing a Notice of Opposition form, leaving it up to the judge to decide if they can afford to repay you at this time.
- ABSTRACT OF JUDGMENT: If the other party owns land or a house, you can place a lien on the property by filing an Abstract of Judgment in the county where the property is located. FEE: $100.00
- COURT EXAMINATION OF JUDGMENT DEBTOR: If you do not know specific personal information about the other party, a Court Examination of Judgment Debtor can be served to the defendant. The court will order the other party to come to the court and answer questions under oath concerning his/her property or income. A subpoena can be included with the Court Examination of Judgment Debtor, requesting the debtor to bring specific documents (ie. bank records, automobile titles, etc.) with them to court. FEE: $125.00
We Can Help You
If you have a judgment and have not been able to collect on it, give us a call at (800) 866-8685. One of our trained collection professionals can speak with you to help get you paid at no out of pocket expenses to the landlord. For more information on the California Court Judgment Collection services we offer, click here.
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