Enforce Your Judgment. Make Debtors Pay.
After a lengthy legal battle, you’ve finally prevailed. The court ruled in your favor and issued a piece of paper stating you are owed money. Unfortunately, that piece of paper is just that – a piece of paper. Turning your judgment into money is the hard part. Debtors will fight you every step of the way. You’ve come to the right place if you struggle to collect money that is rightfully yours.
At Joshua P. Friedman & Associates, Inc., we stop at nothing. We will make your debtor pay up. Contact us today at 310-278-8600 to get started. Located in Los Angeles, our firm helps consumers and businesses throughout California enforce their judgments and obtain the money they are owed.
What Is A Judgement Enforcement?
A judgement enforcement is the process of pursuing and collecting on money another person or entity owes you. The process typically involves identifying what assets the debtor owes, choosing a collection method, completing the necessary forms and serving a notice to the debtor. How each of these steps play out can depend on your specific situation. We can help guide you through any unique challenges that arise. The process in California typically involves:
- Identifying assets: This involves locating where the debtors may hold assets, including in bank accounts, real estate and businesses.
- Obtaining a writ of execution: This involves getting permission from the court. After getting approval, a judge can authorize a sheriff or other public official to seize the debtor’s property.
- Selecting a collection method: This involves choosing the way you wish to collect money from the debtor. Your options can include wage garnishment, a bank levy or other methods that fit the circumstances of your situation.
Selecting the right collection method is crucial, and that is something our lawyers can assist you with. If you have any additional questions about how to proceed with your collection efforts, call us today at 310-278-8600.
Multi-Layered Approach to Judgement Enforcement & Asset Recovery
Attorney Joshua Friedman knows how to apply the right amount of pressure in the right spot to get debtors to pay. He will make their lives so miserable that they will pay just to make him disappear.
Our team uses a variety of proven legal strategies to collect debts on our clients’ behalf, tailored to the specific assets and circumstances of your debtor:
- Withholding orders/wage garnishments – Have money taken directly from your debtor’s paycheck.
- Bank levies – Take the money you owe from your debtor’s bank account.
- Charging orders – Make sure any money owed to the debtor by a limited liability company (LLC) or partnership is paid to you, not it.
- Assignment orders – If a third party owes your debtor money, it must pay you instead of the debtor.
- Keepers – Place a sheriff in your debtor’s business. Customers pay the sheriff, who pays you, instead of the debtor.
- Real property levies/foreclosures – Foreclose on real estate and keep the profits to satisfy your debt.
- Intangible levies – Attach levies to every item possible, including contractual rights to royalties, rents and installment payments.
- Appointment of receivers – Appoint a third party to take over your debtor’s business and funnel proceeds to you to satisfy the debt you are owed.
- Judgment debtor examinations – Use legal proceedings to discover your debtor’s assets.
- Fraudulent transfer lawsuits – If your debtor attempts to shield assets through improper transfers, such as gifts to family members, we will sue.
As a law firm specializing in judgment enforcement, we offer a level of strategic expertise and legal recourse far beyond what a typical debt collection agency can provide. We operate with precision, adapting our approach to the unique challenges of each case, and collaborating closely with you to achieve the best possible outcome.
Answers To Your Debt Collection FAQs
If this is your first time pursuing a debt for monies owed, you may have a number of questions about the process, different scenarios, and how to begin. These are some of the questions we hear the most often from our clients. Our goal is to provide you with some clarity so we can discuss the specifics of your situation during our initial consultation.
What types of clients do you typically work with for judgment enforcement?
Is it possible to recover legal fees when enforcing a judgment in California?
No, recovering legal fees when enforcing a judgement often isn’t possible. However, there may be some exceptions based on the circumstances of your case. Discover if your situation qualifies for any exceptions by contacting us today.
What types of assets can be legally seized to satisfy a judgment in California?
There are several assets that you can legally seize to satisfy a judgment. According to the California Judicial Branch, those assets can include:
- Bank accounts
- Wages (through court-ordered garnishments)
- Real estate (through liens placed on the property)
- Business assets
- Vehicles
These are only a handful of examples. We can help you determine which assets make sense to seize based on the specifics of your case.
What happens if debtors try to hide assets?
Sometimes, you may find that debtors do not cooperate and try to hide assets to avoid paying you. If this happens, it can make enforcing the judgment much more difficult. At the same time, you can take a few different actions to address these issues. They include:
- Requesting a debtor’s examination legally requires debtors to disclose information about their assets under oath. This can include information about their financial situation.
- Issuing subpoenas: You can issue them with third parties of the debtor, such as their bank or employer, to request information about their financial transactions.
- Utilizing a private investigator: You can hire a private investigator to determine how the debtor utilizes their finances.
If a debtor is found to be hiding assets, they can face serious consequences, including being held in contempt of court.
Why should I hire a judgment enforcement / debt collection attorney instead of a collection agency?
Hiring an attorney to help you collect your debts can help increase your chances of success in obtaining that debt.
Not every debt collection agency is reliable. Even if they buy the debt from you upfront, they may not pursue debtors in an ethical way, which could hurt your reputation.
Since our firm has qualified debt collection attorneys, we are held to high standards by the California State Bar. When pursuing debts, we know what’s within our rights, what we can and cannot do, and what is and isn’t effective.
I have a judgment, but the debtor claims they have no money or assets. Is there anything else I can do?
A debtor claiming they have no assets does not automatically end your ability to enforce a judgment. In California, you can request a debtor’s examination, which requires the debtor to appear in court and answer questions about income, property, bank accounts and business interests.
If the debtor refuses to appear or provides false information, the court may issue sanctions or even a bench warrant. When a debtor claims to be judgment-proof, your next step is to identify future assets or income that may become available.
Creditors can also record an abstract of judgment, which places a lien on real property that the debtor currently owns or acquires later.
How does bankruptcy affect my ability to enforce a judgment?
Bankruptcy can limit your ability to collect, but the impact depends on the type of debt and the chapter filed. When a debtor files bankruptcy, the automatic stay immediately stops all collection efforts, including wage garnishment, bank levies, property liens and court hearings.
After reviewing the case, the bankruptcy court may discharge the debt, meaning the debtor is no longer legally responsible for paying it. However, some debts are not dischargeable such as certain fraud-related judgments or support-related obligations.
If your judgment falls into one of these categories, the bankruptcy may not eliminate your rights as a creditor. Our attorney can help ensure you understand which creditor rights remain intact and whether you should challenge the discharge.
Can I garnish a debtor’s wages if they are self-employed or own their own business?
Garnishing wages becomes more complicated when the debtor is self-employed because they do not receive traditional payroll wages. However, several enforcement tools are still available under California judgment enforcement laws. They include:
- Accounts receivable levy: This allows you to intercept money owed to the debtor by their clients or customers.
- Bank levy on business or personal accounts: Once you locate the debtor’s bank accounts, the sheriff can freeze and seize available funds.
- Till tap: This is common for cash-based businesses, where the sheriff can visit the debtor’s business location and collect cash from the register.
- Keeper levy: A sheriff’s officer stays at the business for several hours or days and collects incoming payments, cash and checks.
- Property levy on business equipment or inventory: Creditors may seize and sell nonexempt tools, machinery or inventory belonging to the business.
- Lien on real property used by the business: Filing an abstract of judgment places a lien on real estate owned by the debtor.
- Assignment order for business income: Courts can order the debtor to turn over a portion of profits, rental income, commissions or other ongoing revenue streams.
- Charging order: If the debtor owns part of an LLC, a charging order can divert distributions that would normally go to them.
- Judgment debtor examination: This is a powerful tool where the debtor must appear in court and disclose all income sources, business accounts, ongoing contracts and assets.
In situations involving self-employed debtors, enforcement is more technical because income does not flow through a normal employer. Working with an attorney helps ensure you use the right tools, comply with California law and avoid wasting time on methods that will not apply to the debtor’s specific business structure.
What assets are protected from judgment enforcement in California?
California provides strong asset protection laws, meaning some property cannot be taken to satisfy a judgment. Commonly protected assets include:
- The debtor’s primary residence, up to the state’s homestead exemption
- Certain personal property such as household items, clothing and basic furnishings
- Public benefits, Social Security income, unemployment benefits and disability payments
- Tools of the trade needed for work, up to the allowed exemption values
These categories exist to prevent a debtor from being left without basic necessities. While these protections are broad, they do not shield everything.
Nonexempt assets such as rental properties, bank accounts, investment accounts and valuable business equipment may still be subject to levy or seizure.
Contact Joshua P. Friedman & Associates, Inc.
The game of debt collection is rough, but we love to play it. We will fight to the end. Call 310-278-8600 today for a free consultation or contact us online.