If the defendant does not respond, the plaintiff can ask the Court for a “default judgment.” Essentially, the plaintiff is telling the Court the defendant has not responded in the time allowed, is forfeiting their right to respond, and plaintiff should automatically win the case.
Ignoring or avoiding the debt collector may cause the debt collector to use other methods to try to collect the debt, including a lawsuit against you. If you are unable to come to an agreement with a debt collector, you may want to contact an attorney who can provide you with legal advice about your situation.
To do this, fill out an EJ-001 Abstract of Judgment form and take it to the clerk's office. After the clerk stamps it, record it at the County Recorder's Office in the county where the property is located. Place a lien on a business.
Enforcing Your Judgment Get in touch with the judgment debtor. Levy (seize) assets that you have personal knowledge of. Examine judgment debtor in court to locate unknown assets. Suspend the judgment debtor's driver's license if the judgment is for auto accident.
Most judgments (the court order saying what you're owed) expire in 10 years. This means you can't collect on it after 10 years. To avoid this, you can ask the court to renew it. A renewal lasts 10 years.
Complete Plaintiff's Claim and Order to Go to Small Claims Court (SC-100) (online filing or mail filing), or use computer terminal at court for a guided completion and filing of forms. File in the Small Claims Court (in Sacramento, the 2nd floor of the Carol Miller Justice Center at 301 Bicentennial Cir., or online)
If you file a case, you are called the Plaintiff. The person you sue is the Defendant. You start your case by filling out an SC-100 Plaintiff's Claim form and filing it with the court clerk. Be sure you name the Defendant correctly or you may not be able to collect your judgment.
Claim for $1,500 or less- $30. Claim for more than $1,500, up to $5,000- $50. Claim over $5,000 up to $10,000- $75. Claim filed by someone who has filed more than 12 cases in the previous 12 months- $100.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.