Category Archives: Judgment

Need Help Collecting a Small Claims Judgment? Check the Judicial Council’s Web Site

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The hardest part of a small claims court experience is often getting paid after winning the judgement. The Court will not collect a judgement for a litigant. The winner of a small claims court judgement must collect on their own.

The good news is that small claims court judgements are enforceable, and if done right, court orders and the Sheriffs Department can help collect a judgment.

To its great credit, the California Judicial Council has prepared a step by step guide, and excellent free forms to help small claims judgement creditors collect. All of their information is official government publication, free, detailed and well written. read more

Active Duty Service Member? How to Delay Any Small Claims Case, Traffic Ticket Case, Fine, Contract Bill or Collection Action in California

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Active duty service members can get a nearly automatic “stay” (pause) of any California small claims court proceeding, traffic ticket fine or collection action, or even finance contracts for the period of service plus up to 3 by law.

This stay in actions against service members is one of the many protections set forth in California’s Military and Veterans Code section 400 et seq. The two most important of those code sections may be section 401 and 403.

If you are on active duty somewhere, are a California resident or have a California court problem, the law says that you can get a stay for things like traffic ticket payment plans, scheduled court appearances, failure to appear penalties, repossessions, rental late fees and even credit card bills. read more

Form for Appeal of a Small Claims Judgment to Superior Court is Free

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Defendants who are unhappy with a small claims court judgment have the right to appeal their case to the Superior Court for a new trial called a Trial De Novo.  Although attorneys are not allowed to represent parties in most small claims court trials, attorneys are allowed (not required) in the Trial De Novos.

Here is the form a defendant needs from the California Judicial Council to appeal a small claims court judgment:

http://www.courts.ca.gov/documents/sc140.pdf

Additional Free Small Claims Court forms for many issues are available at: http://www.courts.ca.gov read more

Tips for Collecting a Small Claims Court Judgment

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Sure, he’s probably a good person somewhere. You heard he helps injured birds on weekends. But you dont give a crap. That suckerphish owes you $xx00.xx for those long distance charges on your home phone bill from the 80s, and $xx00 for those bounced rent checks. And you want your money no matter what, even if you have to get a judgment.

You finally got all of the small claims forms, printed them out, made a binder and a script for court, and showed up on time. As expected, defendant showed up, claiming “loss of memory” or some crap. But you did it! You sued his ASS and had a trial! read more

Need Help Collecting a Small Claims Court Judgment? Check the Judicial Council Web Site for Forms, Help

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The hardest part of a small claims court experience is often getting paid after winning the judgement. The Court will not collect a judgement for a litigant. The winner of a small claims court judgement must collect on their own.

The good news is that small claims court judgements are enforceable, and if done right, court orders and the Sheriffs Department can help collect a judgment.

To its great credit, the California Judicial Council has prepared a step by step guide, and excellent free forms to help small claims judgement creditors collect. All of their information is official government publication, free, detailed and well written. read more