California’s Wage Garnishment Procedure

You have succeeded in securing a monetary judgment against the defendant and are now ready to proceed to the next stage, involving the difficult process of collecting the judgment.  There are several procedures outlined in California’s statutes for collecting the judgment.  This article outlines the steps necessary to garnish the judgment debtor’s wages as a…

Default Proceedings in a California Civil Case

This article provides an overview of the requirements for obtaining a civil default judgment in a California civil case. Threshold Requirements for All Default Judgments The requirements for obtaining any default judgment in a California civil case are: Once these prerequisites are satisfied, a default judgment may be sought immediately.  Requirements for Obtaining a Clerk’s…

How to Locate a Defendant for Service of Process

The first step in prosecuting any lawsuit is delivering the summons and complaint to your adversary.  Locating the defendant may not be an issue in most cases, but what happens if you have no current information regarding the defendant’s whereabouts?  This article describes commonly used practices for tracking down someone you need to serve with…

Service of Process in a California Civil Proceeding

Whenever a civil lawsuit is filed, the responding party must receive formal notice that the process has been commenced.  In legal parlance, the term is “Service of Process”.  Until the other side has been properly “served,” the judge cannot make any permanent orders or judgments. This article discusses the acceptable methods of service of process…

Benefits of Expunging Your Criminal Record

Expungement is a legal process initiated in a court that prevents public viewing of your criminal record.  Expungement of a criminal conviction is a great way to remove the stigma of a criminal conviction from your record and can open many doors that were closed by the criminal conviction.  Here is a brief overview of…

What are the Steps for Prosecuting a Civil Action in California?

There are many steps to filing and prosecuting a civil lawsuit in California. This article provides an overview of those steps to help you better understand the process. Pre-Suit Considerations There are a several issues to consider before filing a lawsuit. One major consideration is whether you have a meritorious case, to be analyzed with…

Use Of An Abstract Of Judgment To Collect A Monetary Award In California

When a litigant wins a civil case seeking monetary relief in a California court, the judge will enter a formal judgment specifying the amount of the award. In an ideal world the losing party will pay the judgment voluntarily to end the dispute. In reality, however, many debtors choose to ignore that obligation, requiring the…

The Basics Of A California Small Claims Action

Small Claims Court is geared towards the average citizen, letting everyday people resolve their disputes quickly and inexpensively. Almost any dispute can be taken to Small Claims Court, provided the amount of money requested falls within the maximum allowed by California law. Landlord-tenant disputes to collect unpaid rental payments are one of the more common…

Common Ways To Collect A California Money Judgment

What are the ways to collect a California Money Judgment? Below is a discussion of four of the most common procedures used by judgment creditors in California. Preliminary Considerations As a preliminary matter, the success of judgment collection procedures often turns on the degree of due diligence exercised by the landlord during the screening process,…