How can I enforce a small claims court judgment out-of-state?
Enforcing a small claims court judgment out of state can be both challenging and complicated. If the debtor lives in another state, the judgment may not be enforceable in that state, as the legal systems vary from state to state. If the debtor does not live in California, the plaintiff must register and domesticate the judgment in the debtor’s state in order to make it enforceable in that state. In order to do this, the plaintiff must locate the smaller court in the other state and make an application to have the judgment recognized in the other state. The plaintiff is then required to file the application, along with the original California small claims court judgment. The court where the judgment is being registered will then review the application and documents, and if all is in order, the court will enter an order in its own court that is essentially a copy of the original small claims court judgment. This order will now be valid in the other state and can be used to enforce the judgment. If the debtor still does not comply with the judgment, the plaintiff can take additional enforcement steps, such as garnishing wages or bank accounts, or the plaintiff may ask the court to order a debtor’s examination where the debtor is called to the court to answer questions about their assets. If the debtor still fails to comply, the court can issue a warrant for their arrest.
Related FAQs
What is the difference between a motion for judgment and a motion for new trial in small claims court?How do I submit a request to the court for additional time in a small claims court case?
How do I serve the other party with notice of my small claims court case?
How do I find out if a small claims court case is still active?
What is the process for requesting a court trial in a small claims court case?
How do I calculate the amount of interest owed on a small claims court judgment?
What happens if I am unable to pay a small claims court judgment?
What is the maximum claim amount in small claims court?
Can I represent a business in small claims court?
What is the process for appealing a small claims court decision to a higher court?
Related Blog Posts
What is Small Claims Court and How Does it Work? - July 31, 2023Maximizing Your Chances of Success in Small Claims Court - August 7, 2023
7 Tips For Submitting a Winning Small Claims Court Case - August 14, 2023
The Pros and Cons of Taking Your Case to Small Claims Court - August 21, 2023
Preparing for Your Small Claims Court Hearing - August 28, 2023