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?

