What happens if I am unable to pay a small claims court judgment?
If you are unable to pay a small claims court judgment in California, the court will put into effect what is known as a judgment lien. This lien attaches to any real estate you own in the county where the judgment was entered. A judgment lien gives the creditor the legal right to collect a portion of your wages or money in your bank accounts. The amount depends on the judgment amount, the number of years left on the lien, and the amount of interest due. If you are unable to pay the judgment, the creditor may also take some of your property or attach a wage garnishment to your paycheck. A wage garnishment is when a portion of your wages is taken from each paycheck and sent directly to the creditor. Your employer is required to comply with the court order and take the money from your wages. In addition, the creditor may also choose to have your driver’s license suspended or your professional license revoked. This can be done without a court hearing and is called a driver’s license suspension or professional license suspension order. Finally, if the creditor is still unable to collect the money owed, they may also take you to civil court and file a lawsuit against you. If you are unable to pay a small claims court judgment in California, it is important to stay in contact with the creditor or their attorney. Many creditors may be willing to set up a payment plan or negotiate a settlement to resolve the debt. You should also contact your local legal aid society for help understanding your options.
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