Question: I live in Arizona and have a large judgment against my former business partner. He moved to San Diego, so how do I collect my judgment?
Answer: Your judgment is only good within the boundaries of your state. However, the Sister State Money-Judgment Act allows you register the judgment in California so that you can use California law to go after any assets the judgment debtor owns in California.
To register your judgment in California, you will need to complete judicial council forms EJ-105 Application for Entry of Judgment on Sister-State Judgment and form EJ-110 Notice of Entry of Judgment on Sister-State Judgment. You will need to attached a certified copy of the sister-state judgment to the application for entry of judgment. A declaration showing how you calculated the post-judgment interest is required as well. Most California counties will have additional local procedures, including the requirement to submit a proposed California judgment.
Answer: Your judgment is only good within the boundaries of your state. However, the Sister State Money-Judgment Act allows you register the judgment in California so that you can use California law to go after any assets the judgment debtor owns in California.
To register your judgment in California, you will need to complete judicial council forms EJ-105 Application for Entry of Judgment on Sister-State Judgment and form EJ-110 Notice of Entry of Judgment on Sister-State Judgment. You will need to attached a certified copy of the sister-state judgment to the application for entry of judgment. A declaration showing how you calculated the post-judgment interest is required as well. Most California counties will have additional local procedures, including the requirement to submit a proposed California judgment.
Once the court enters the judgment, you must serve the Notice of Entry of Judgment on the judgment debtor. Enforcement of the judgment is automatically stayed until 30 days after service of the Notice of Entry of Judgment. The judgment debtor has 30 days to challenge the judgment.
The most common challenge is that the sister-state court lacked jurisdiction for some reason. If the judgment debtor does not challenge the judgment, then the judgment creditor can take whatever steps are necessary to collect on the judgment. Click here for an article on the various methods to collect California judgments.
Our office has domesticated a number of sister-state judgments in California. Feel free to contact us if you need further assistance.
About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.
6 comments:
I had a wage garnishment issued from the state of oregon. The order was never domesticated in California, but my employers garnished one of my checks. Is this legal? Can i get my money back from my employer?
Yes, must file a sister state judgment or the order is no good, this was mostly mailed to your employer
I'll give you a tip I've used. You can post the judgment online at a website called www.manageyournews.com. After you post the judgment, the judgment will show up when people google the judgment debtor. There is a good chance that the judgment debtor will be embarrassed into paying the judgment because the judgment debtor probably doesn't want the world to know that he/she is a deadbeat! Just an idea.
I think the orginal poster was the debtor, not the creditor. I am having the same issue w/my employer. I've made them aware of the lack of a sister-state judgment, but they're only watching out for themselves. I plan on filing a wage claim for an illegal deduction, if they continue to be unwilling to follow CA procedure
I need to know what to do next. I filed an Application for Entry of Judgment on Sister-State Judgment form EJ105. I received back a signed and sealed Notice of Entry of Judgment on Sister-State Judgment form EJ-110 from the Superior Court of California, County of Orange. They also sent me a Proof of Service EJ-110. The small claims help desk does not take phone calls. I can't make the 100 mile round trip drive to personally ask them at the desk what to do next. Can I just mail this to the judgment debtor? It is a corporation. I don't know if I'm not supposed to name them on this forum. So close to finishing this I hope, any help?
I need to know what to do next. I filed an Application for Entry of Judgment on Sister-State Judgment form EJ105. I received back a signed and sealed Notice of Entry of Judgment on Sister-State Judgment form EJ-110 from the Superior Court of California, County of Orange. They also sent me a Proof of Service EJ-110. The small claims help desk does not take phone calls. I can't make the 100 mile round trip drive to personally ask them at the desk what to do next. Can I just mail this to the judgment debtor? It is a corporation. I don't know if I'm not supposed to name them on this forum. So close to finishing this I hope, any help?
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