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.
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