The Law
Offices of Joel Selik
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Judgment
Enforcement FAQs
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Do judgments
earn interest? |
| A |
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Yes. In California,
judgments currently earn interest at the
rate of 10%. |
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| Q |
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Do judgments expire? |
| A |
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Yes. In
California, most expire 10 years after
they are entered.
However, you can renew the judgment for
another 10 years, as long as you do so
before the first expiration date.
There are, however, some judgments that
do not expire. Examples are family
support judgments and criminal
restitution judgments.
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| Q |
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Can someone else collect
my judgment for me? |
| A |
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Yes. You can
hire an attorney to do the work for you,
or you can assign the
judgment to another individual, who can
collect the judgment in his or her own
name.
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| Q |
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Why is it hard to collect
on a judgment? Hasnt the
court ordered the debtor to pay? |
| A |
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Indeed, if you have
successfully been awarded a judgment, the
debtor is supposed to pay you the
amount awarded by the court.
Unfortunately, though, it doesnt
often happen automatically. The
power of the court is limited. We
dont have debtors prison in
CA. Judgment creditors can ask the
debtor nicely to pay and once in a
while it works! More often, though,
it is necessary for you to work with or
hire a specialist who knows how to find
these deadbeat debtors and knows how to
work through the legal system to
collect what the debtor owes you.
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| Q |
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How much does it cost to
have someone else collect my judgment? |
| A |
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Thats not
such an easy question to answer. It
is not uncommon for an experienced
judgment enforcement specialist to charge
you 50% of whatever they collect.
Some work for a flat or hourly fee.
Some will purchase your judgment from you,
generally for pennies on the dollar.
Each individual is free to negotiate
whatever arrangements they would like,
and issues such as the age of the
judgment, the location of the debtor, the
wealth of the debtor and a myriad of
other issues will all factor into how
difficult the judgment is to collect
and how much a profession
would want to charge to collect. It
is very important that you understand
completely the agreement that you make
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914 B North Coast Highway 101
| Encinitas, CA 92024
| phone: 760.479.1515; toll free: 800.894.2889
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