I have a judgment against someone that has not been satisfied

After a long legal battle, you’ve finally prevailed. However, it may surprise you to know that simply winning a lawsuit and receiving a judgment does not turn over or yield any immediate monies. A judgment merely states that the successful party has a right to recover money or property; the Court will not collect the money or property on behalf of the prevailing party. At Webb Law Group APC we turn judgments into money.

Using a fluid combination of attorneys and support staff, Webb Law Group APC applies the right amount of pressure to encourage debtors to pay while keeping costs low. In cases where the prevailing party does not receive immediate payment from the judgment debtor, our firm will initiate the judgment enforcement process to collect the money or property clients are entitled to under the judgment.

Our firm uses a wide array of proven and effective legal strategies to collect debts and enforce judgments:

  • Demand Letters

A formal, professional document sent to the judgment debtor requesting restitution. Outlines the damages, demand for restitution, and the consequences if conditions are not met.

  • Lis Pendens

An official notice to the public that a lawsuit involving a claim on a property has been filed. Lis pendens refers to the concept that a buyer of a property must assume any litigation that exists pertaining to the property.

  • Abstract of Judgment

A written summary of a judgment that creates a public record to be filed with the county recorder. The recording of an Abstract of Judgment creates a lien or claim on any real estate owned or later acquired by the judgment debtor.

  • Background Reports

A TLO Background Report to provide information on addresses, property, prior judgment, bankruptcies of the judgment debtor. Investigates Social Media accounts, criminal convictions and infractions, existing liens or debts, and more. Our office will also issue Skip Trace Letters to confirm the residence(s) of the judgment debtor.

  • Writ of Execution

A Writ of Execution is a Court order to the county sheriff to enforce a judgment by levying real or personal property of a judgment debtor.

  • Notice of Judgment Lien

A judgment lien may be created against personal property when a judgment creditor, the secured party, has gone to court and has been awarded a monetary judgment against a judgment debtor.

  • Debtor’s Examination

A special proceeding to discover channels and avenues to collect against a judgment debtor. The judgment debtor is required to answer questions, under oath regarding their finances and ability to pay the judgment creditors.

  • Bank Levies

Upon a Writ of Execution, a levy allows the seizure of funds from a bank account by a county sheriff.

  • Assignment Orders

An Assignment Order is a court order that requires a judgment debtor to assign rights to the judgment creditor. If a third party owes your debtor money, it must pay it to you instead of the debtor.

  • Wage Garnishments

Upon a Writ of Execution, a wage garnishment allows for a portion of a judgment debtors regular wages to be redirected to the judgment creditor until the judgment is satisfied.

  • Writ of Attachment

A Writ of Attachment is a court order directing a county sheriff to seize property of a defendant that can be used to satisfy a judgment. A Writ of Attachment can be issued and enacted prior to the issuance of a judgment; this is especially useful if a judgment debtor may attempt to sell off or transfer assets.

Frequently Asked Questions

The process of judgment enforcement and collection is not always straightforward. A judgment is merely a slip of paper stating what you are entitled to; making the judgment debtor pay up is what is known as judgment enforcement. Judgment enforcement includes many different strategies, all of which can be fine-tuned depending on the specific facts of the case and tailored to the judgment debtor. Our office commonly uses Demand Letters, Lis Pendens, Abstracts of Judgment, background reports, Writs of Execution, Notices of Judgment Lien, Debtor’s Examinations, bank levies, Assignment Orders, Wage Garnishments, and Writs of Attachment.
The use of a lawyer may be a wise choice. If your judgment is large and you already know where the debtor’s assets are, you may be well off to hire an attorney on an hourly basis to seize assets and keep 100% of the recovery. However, this is rarely the case. Most judgment creditors not only do not know “where the assets are,” they also don’t have a clue where the debtor is either. In most cases, the attorney that was successful in obtaining the judgment generally does not collect it; judgment enforcement is a specialty requiring substantial time, special tools, and resources. More often than not, attorneys will forward their own judgments to someone like us for collection.
Not necessarily. We transparently offer a variety of billing methods, including hourly-rated services, contingency agreements, segmented fee quotes, and mixed hourly/contingent agreements; collection cases will be evaluated and provided on a case-by-case basis.
Absolutely. However, an out-of-state judgment is not enforceable in California until it has been ‘domesticated’ as a California judgment per California Code of Civil Procedure §§ 1710.10-1710.65. This is a procedure which involves filing an application with the appropriate court venue, along with authenticated copies of the foreign judgment. It does require service and notice on the judgment debtor, and includes a 30-day stay on enforcement during which the judgment debtor may opt to challenge the judgment.

Contact Webb Law Group

If you would like to schedule a free, no-risk consultation with Webb Law Group, call 559.431.4888 or 619.399.7700 between 7am and 5:30pm Monday – Friday. You can also submit a request through our online form. If we cannot answer you inquiry immediately, we will be in touch within 24 hours.

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