判断执行——加州法院.docVIP

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判断执行——加州法院

How do I collect my Judgment ? Once you win a civil judgment, it is up to you to enforce that judgment so you can get paid what the defendant owes you. There are many procedures available to help you do this. The ACCESS Center can help you through the process! Now that you have won your case, you are called the “judgment creditor” or “creditor”. The defendant is now called the “judgment debtor” or “debtor”. How long does my judgment last? Civil judgments in California last for 10 years and can be renewed for additional 10-year periods. If you don’t renew your judgment before the 10 years run out, your judgment will expire and you won’t be able to get the money you are owed. You can renew your judgment anytime during the first 10 year period. Every renewal after that can only take place every five years. Your judgment earns simple interest every year of 10%. Simple interest means that it is added to the “interest” category of your judgment and is not added to your principal amount. For example, for a $10,000 judgment, after two years, you would have $10,000 in principal and $2000 in interest. Once you renew your judgment, the principal and interest are added together, so your new principal becomes $12,000. From that point on, your interest is calculated on that new principal amount. When can I start trying to collect my money? The first step to enforce your judgment is to wait! In small claims cases in California, there is an automatic 30-day stay of execution on all small claims judgments from the day the judgment was mailed, not the day the judgment was entered. This means that during those 30 days you cannot take any steps to collect your judgment. This time is for the defendant to file an appeal. If the defendant files an appeal, he or she is asking the court to cancel your judgment, so you have to wait until the appellate court enters a new judgment before you can begin trying to collect. I’m ready to collect my judgm

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