How do I Collect a Judgment After Winning a Case?
In civil litigation, winning your case is not always the end of the legal process. In some situations, the person or company that you recover money from does not pay as promised. When this occurs, you can get a court order to enforce the judgment.
There are a variety of different ways to collect a judgment after winning a case. An experienced California business litigation lawyer can provide you with assistance so you can get the money that the court has said you deserve. Contact Brown & Charbonneau, LLP today to learn more about the process of collecting a judgment.
How to Collect a Judgment After Winning a Case
After you win your case, you can begin collection efforts 30 days after the judgment was entered. The California Courts indicate that this waiting period is required in order to allow time for the defendant to appeal the judgment. If the defendant does not appeal the decision, the hope is that the defendant will pay voluntarily. In some cases, unfortunately, that does not occur. If the debtor does not pay as required, the court will help you take steps to collect a judgment after winning a case. The court will not collect a judgment for you, but can order the debtor to disclose information about assets so you will have a better understanding of ways that you can collect.
In many situations, one of the best ways to collect a judgment after winning a case is to put a lien on the debtor’s property. This gives you a claim to the property and, in some cases, the property will be sold at public auction in order to satisfy the debt that is owed. You can put a lien on personal property as well as on real property. If the defendant was an individual, this generally means putting a lien on a home, or on possessions like jewelry or antiques that the defendant may own. An Irvine, CA business layer can help you to go through the process of getting a lien on the property to collect an unpaid judgment.
You can also get a court order to have the defendant’s wages garnished. This essentially means that the court sends notice to the defendant’s employer to withhold a certain amount of money from the debtor’s paycheck each week. This money is taken directly out of the defendant’s paycheck before the defendant receives the money and it is sent to you instead of to the defendant. There is a legal limit on how much of a defendant’s income a garnishment order can take. However, when you are able to garnish wages, this is a virtual guarantee you will have regular payments coming in as long as the defendant continues to work.
These are just a few of many possible ways that you can collect a judgment after winning a case. Contact our expert business litigation lawyers at Brown & Charbonneau, LLP today to learn more about how you can collect the money that the court ordered the defendant to pay you. Call us at 714-505-3000 or online to schedule an appointment.