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Do I Need to File More Papers to Get Paid?

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  • 09-26-2008, 04:11 PM
    525601minutes
    Do I Need to File More Papers to Get Paid?
    My question involves judgment recovery in the State of: California

    In April of 2007 I gave a loan of $2K.
    On July 20 I filed a small claims case ($50)
    and had it served on the defendant as a person and as a business ($60).
    On August 31 '07 the judge awarded me $2110 plus interest.
    On October 4 '07 I filed a writ of execution ($15).
    The clerk calculated accrued interest as $19.65 and additional daily interest as $0.58 cents per day.
    Total now owed by the defendant is shown on the writ as $2144.65.

    October 4 '07 I paid $205 for the sherif to do an 8-hour till keeper. (no luck)
    December 20 '07 I paid $40 filing fee for a debtor's exam
    December 20 '07 I paid $30 to serve notice of the exam
    March 4 '08 the defendant did not show and the judge issued $1000 warrant of attachment.
    April 7 '08 I filed the warrant with the clerk and paid $30. I received notice from the sheriff that the service of the bench warrant could not be completed as the defendant could not be located.

    PHEW!

    The defendant called me today to let me know he will have my money soon and wants to know how to get it to me! I don't believe him but...

    Now my questions...

    Should I advise him to pay me thru the court so the judgment is properly settled?

    If he goes to the court house will they recalculated the current amount of interest now due?

    Is the $1000 warrant of attachment money that I get to keep or is it like a fine that the court gets?

    How does his not getting served the warrant play into its collection?
    If he goes to the court house to pay will they see the warrant and serve it then?

    Do I need to do/file anything with the court to get reimbursment(sp?) for the $305 I paid in filing and service fees after the Oct 4 writ of execution was executed?

    Can I also get paid back the $25 I paid a skip tracer after the April 7 warrant was returned?
  • 09-28-2008, 10:04 PM
    Mr. Knowitall
    Re: Do I Need to File More Papers to Get Paid?
    Have him pay you by money order, and once they clear and you are certain they're not forgeries file a satisfaction of judgment with the court.

    The warrant of attachment is not payable to you. You don't get to add on extra costs and expenses unless they were awarded by the court. If you want additional costs and expenses to be awarded by the court, assuming you have not waited too long to do so, request that the court award them.
  • 10-01-2008, 08:03 PM
    525601minutes
    Re: Do I Need to File More Papers to Get Paid?
    Thanks - I do want the additional expenses paid. I went to the small claims office today and filed a "memorandum of costs after judgment, acknowledgment of credit and declaration of accrued interest" - with the help of the small claims advisor :D.

    The loan of $2K now has a balance due of $2642.47 - he's gonna love that. I don't want him to try to pass off a fake money order to me so I'm going to ask him to pay me thru the court. It will cost him $20 processing fee - and then it takes them about a month to pay me back... but better than dealing with a dead beat in person.... not that I'm holding my breath.
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