How can a judgment creditor collect my wages?

How can a judgment creditor collect my wages?

The creditor can collect by garnishing your wages, or selling some of your assets or property. Before the judgment creditor does this, it must first find out whether you are employed, how much money you make, and what assets you own. The creditor has three primary ways to obtain this information from you:

How to answer questions from a judgment creditor?

If you receive an order to appear but can’t take the time off from work or otherwise can’t make it, call the judgment creditor or the lawyer and explain your situation. Explain that you’re willing to answer questions over the phone or even in person, but at another time.

What does a court order of examination do?

Obtaining a separate court order which then requires you to appear and answer questions about your assets (under CA law, this is called an Order of Examination). This process is designed to facilitate the creditor in identifying and liquidating your assets.

What happens after a judgment has been entered?

After a party obtains a judgment, this judgment creditor will attempt to collect sufficient funds to pay of the judgment amount (plus the costs of collection). Having obtained the judgment permits the creditor to seize or sell your assets and/or your income.

When does a judgment debtor have to file a statement of assets?

Judgment Debtor’s Statement of Assets – (Form SC-133) A form, completed by the judgment debtor, that lists the judgment debtor’s assets and sources of income. The judgment debtor must complete and transmit this form to the judgment creditor within 30 days after receiving notice of the court’s decision.

The creditor can collect by garnishing your wages, or selling some of your assets or property. Before the judgment creditor does this, it must first find out whether you are employed, how much money you make, and what assets you own. The creditor has three primary ways to obtain this information from you:

Can a judgment debtor ask for a SUPP order?

The creditor can ask the court to order the debtor to attend a hearing and answer questions about his or her property. This hearing is often called a “supplemental proceeding” and the order scheduling the hearing is often called a “supp order.” The creditor can also send written questions to the debtor.

What happens if a debtor fails to appear at a judgment hearing?

If the debtor posts bail and fails to appear at the rescheduled hearing, the debtor can ask the court to order the bail forfeited to the creditor toward the judgment. If the debtor fails to appear, the creditor can also ask the court to issue another bench warrant with a new bail amount and a new hearing date.