What costs are recoverable when enforcing a California money judgment? Under California law, the judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. California Code of Civil Procedure §685.070 specifically allows the judgment...
Calculating the precise amount owing on a judgment is essential during the judgment enforcement process. If the creditor’s calculation is incorrect, the court may refuse to issue a writ of execution (which is necessary to levy on the debtor’s assets). Furtherore, if...
If you were involved in a commercial collections claim and the court decides against you and issues a judgment and you do not intend to appeal, it is generally best to pay the judgment as soon as possible. If you do, under California law, you will not have to pay...
Under California law, a judgment creditor may assign a judgment to a third person. Cal. Civ.Code 954. "In doing so, the judgment creditor assigns the debt upon which the judgment is based ... Through such an assignment, the assignee ordinarily acquires all the rights...
Collecting a judgment can be one of the more difficult and frustrating parts of a commercial collections case. We have found the following to be highly, effective ways to enforce a Judgment in California: Levy a bank account including a safe deposit box; Levy a...
For California creditors, enforcing a judgment is largely a procedural task. When a judgment is entered by the court, California law gives the creditor certain procedural powers that can be used not only against the debtor, but also against people and entities...
Once a creditor files a lawsuit and is awarded a judgment by the court, the creditor has several options to satisfy its debt. You can garnish wages or levy a bank account. You can also obtain a judgment lien and place it on real property such as a house or even...
You’ve been to court over a debt collection claim and lost. The court will not collect the money for the creditor. But the court will issue the orders and other documents required to force you (the debtor) to pay. If the judge makes a decision in favor of the...
The U.S. Bankruptcy Code does not address or govern the requirements for formation of a corporate entity in California. As noted above, it therefore California law that will govern a creditor’s action to determine whether an individual debtor or a parent or subsidiary...
As we have written before here, California courts have elaborated a two-part test for use in considering whether or not to allow a creditor to pierce the corporate veil in a collection effort. This test requires the creditor pursing the assets of an individual debtor...
