What happens if a judgment is not paid in small claims court?
If a judgment is not paid in Small Claims Court in California, the court clerk will issue a Writ of Execution. This document orders any county sheriff or marshal to take possession of the debtor’s property and sell it in order to satisfy the debt. The debtor can also be ordered to appear in court to talk about why the debt has not been paid. The court can also issue an Order of Examination, which is a court order that requires the debtor to appear in court and answer questions about their finances. The court can also garnish wages, attach bank accounts, and issue liens on real and personal property. If the court finds the debtor has the ability to pay, but is willfully not paying, they can also hold the debtor in contempt and impose fines, jail time, or both. The judge can also consider punitive damages and attorney’s fees that were part of the original judgement. Ultimately, the goal of the court is to collect the judgment, and if the debtor fails to pay, the court can take the necessary steps to ensure the debt is satisfied.
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