What happens after the trial?
The prevailing party must wait 31 days from the date of the mailing of the Notice of Entry of Judgment before taking any action to collect the judgment. During this period (30 days), the opposing party has a right to APPEAL. If the opposing party was not present at the small claims hearing, he or she has no right to appeal, but may file a MOTION TO VACATE.
How do I enforce the court's judgment?
If You Do Not Have Any Information About the Judgment Debtor's Assets
If you do not have any information about the judgment debtor's assets, you may file an Application and Order to Produce Statement of Assets and to Appear for Examination (SC-134) with the clerk.
- The Order of Examination is a hearing where you ask the judgment debtor questions about his or her assets. You may ask where the judgment debtor banks and where he or she works, among other questions. There is a $40.00 fee to file an Order of Examination of a Judgment Debtor. You must have a Registered Process Server or the Sheriff serve the Judgment Debtor. For more information on personal service, contact Southland at 858-227-9559.
If the judgment debtor is employed, his/her wages may be garnished to pay off the judgment. To begin the wage garnishment process, do the following:
- File both a Writ of Execution (EJ-130) and a Memorandum of Costs (MC-010) and pay the $30.00 filing fee to the clerk.
- Once the clerk has processed the writ, take the original writ to Southland and request an Application for Earnings Withholding Order. Note: Fill out the forms completely with the employer's name and address and the judgment debtor's full name.
Southland can tell you how soon the garnishment should begin after it is served, and how much of the judgment debtor's wages per pay period may be garnished.
If you know the bank and branch where the judgment debtor (or spouse) has a deposit account, you may levy on the funds in the account. To begin this procedure, you must obtain a Writ of Execution. Once the clerk has processed the writ, take the original writ to the Sheriff's office and request a bank levy.
Southland is available to enforce your money Judgment. Please contact Jesse at (858) 227-9559 ext. 1, or e-mail me at: J.Wagner@Southland-Law.com.