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.

Related FAQs

Can I countersue the other party in a small claims court case?
Is there a limit on the amount of damages that can be recovered in a small claims court case?
What types of disputes can I take to small claims court?
What is the statute of limitations for filing a claim in small claims court?
Can I submit evidence by mail in a small claims court case?
Can I request a trial by written declaration in small claims court?
What is the process for collecting a judgment from the other party in small claims court?
How long does it take to pursue a claim in small claims court?
Are there any special rules for parties under the age of 18 in small claims court?
Can I modify or vacate a small claims court judgment?

Related Blog Posts

What is Small Claims Court and How Does it Work? - July 31, 2023
Maximizing 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