What is the process for collecting a judgment from an out-of-state party in small claims court?
In California, the process for collecting a judgment from an out-of-state party in small claims court is complex. The first step is to obtain a valid judgment from the court. This can be done by serving the out-of-state party with a copy of the claim and giving them the opportunity to file an answer. If they choose not to answer, then the small claims court judge may enter a default judgment in favor of the plaintiff. Once the court has granted a valid judgment, the plaintiff must then collect the judgment amount from the out-of-state party. This is usually done by filing a Writ of Execution. This is a court document that orders the defendant to pay the amount of the judgment. If the defendant does not comply with this document, the plaintiff can choose to garnish the defendant’s wages or levy their bank accounts. The final step of the process is enforcing the collection of the judgment. This is done by filing a motion with the court and having a hearing. During this hearing, the judge will consider evidence from both sides and determine whether or not the plaintiff is legally entitled to the judgment. If the court agrees, they can make an order for the defendant to pay the full amount of the judgment or, in some cases, may even garnish the defendant’s wages or bank accounts.
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