Friday, August 21, 2015

You won in Appeals Small Claims Court 30 days for payment

If you win in small claims court, you have to wait 30 days for them to appeal.  Winning the first round isn't over yet.  When you win in Appeals court, you still have to wait the 30 days.  For tenant landlord disputes, it's highly doubtful that they will get an additional appeal approved.

On Nolo.com by Ralph Warner:

Further Appeals

If a defendant loses the appeal, there is usually no right to file a second appeal. However, it is sometimes possible to file an extraordinary writ (a special request for review based on extraordinary circumstances) to a court of appeal claiming that either the small claims court or first appeals court made a serious legal mistake in handling the case (for example, the court had no power to consider the issues involved in your case). In some states, the lower court judge may have the power to recommend that the court of appeal hear your case. But because of the relatively small amounts of money involved, extraordinary writs based on small claims judgments are almost never filed. And when they are, they are seldom granted. 

Both you and the defendant will receive the Judgement in the mail.  After receiving the judgement, send a request for payment within 30 days.

I sent my payment remittance via email with the PDF file of the Judgement as well as mailing it via delivery confirmation.  If they don't pay within the 30 days, it's back to court to demand a judgement debtor exam.

From the site: http://www.courts.ca.gov/11187.htm

To request a debtor's examination
  1. Fill out and file an Application and Order to Produce Statement of Assets and to Appear for Examination(Form SC-134) and attach a blank Judgment Debtor's Statement of Assets (Form SC-133).
  2. Also fill out a Small Claims Subpoena for Personal Appearance and Production of Documents at Trial or Hearing and Declaration (Form SC-107) for any of the debtor's documents that you need to see.
  3. Take these forms to your court clerk to file and get a hearing date.
  4. Once you file, have a registered process server or the sheriff/marshal serve a copy of Form SC-134, the blank Form SC-133, and Form SC-107 on the debtor.
If the debtor does not show up at the hearing, the court may issue a bench warrant for the debtor's arrest. 
If the debtor shows up, you will have a chance to ask him or her questions.  During the examination, you can ask the debtor:
  • What type of property he or she owns;
  • Where that property is located;
  • What is the value of that property; and
  • Whether or not the debtor has a job.
You should come to the hearing with a list of questions to ask the debtor. (Click to see Sample Questions to Ask the Debtor.) The debtor will be put under oath, but in most small claims courts you will ask the questions yourself. The court commissioner or judge will most likely not be present while you ask your questions. Depending on the court, you may be in the cortroom or sent to another office or the hall to do the questioning.
If the debtor does not answer your questions or is lying or appears to give you the runaround, you can ask the court clerk to get the judge.
Once you have information about the debtor's assets, read the topics in Ways to Collect From the Debtor that apply to the kind of assets or property the debtor has.
Don't give up!  You've come this far and the journey will hopefully get better.  More to come on my case.

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