What Happens After The Trial

• Read What to Do After the Court Decides Your Small Claims Case (SC-200-INFO).
• If you won the case and the defendant owes you money, make arrangements for them to pay you. Once the defendant has paid, file a form called Acknowledgment of Satisfaction of Judgment (SC-290). If the defendant does not pay you, learn how to collect a judgment by reading the topic below.
• As the plaintiff, you CANNOT appeal the judge's decision on your claim. Only the person or business you sued (i.e. the Defendant) can appeal the decision.
  • If the other person or business sued you back (by filing a Defendant's Claim) and you lost, you CAN appeal the decision on the Defendant's Claim. Learn "How to Appeal Your Small Claims Case by reading the topic below.
• If you lost and the defendant won a claim against you, pay the court or the defendant directly. After you pay, make sure the defendant files a form called Acknowledgment of Satisfaction of Judgment (SC-290). If the defendant does not file this form, you can ask the court clerk to enter a "satisfaction of judgment" if you can prove you paid the full amount of the judgment with the interest and costs.
  • After you request in writing that the defendant file the Acknowledgment of Satisfaction of Judgment (SC-290), the defendant has 14 days to comply. If the defendant fails or refuses to file the form, you can sue them for $50 plus any actual damages you incurred. To read the law, see Code of Civil Procedure section 116.850.
  • If you do not pay, you must mail a Judgment Debtor's Statement of Assets (SC-133) to the defendant within 30 days of the court's judgment in your case.
  • Read the topic "Pay a judgment" below and Payments in Small Claims Cases (SC-220-INFO) for more information.
• Read the Department of Consumer Affairs' website for more information.

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• Read What to Do After the Court Decides Your Small Claims Case (SC-200-INFO).
• If you did not go to the trial for a good reason, you can ask the court to vacate (cancel) your judgment (called a "default judgment") and give you a new trial date. You will need to file a form called Notice of Motion to Vacate Judgment and Declaration (Small Claims) (SC-135).
  • Read more about vacating (canceling) your default judgment.
• If you lost and owe money, pay the court or the plaintiff. If you do not pay, you must mail a form called Judgment Debtor's Statement of Assets (Small Claims) (SC-133) to the plaintiff within 30 days. After you pay, make sure the plaintiff files a form called Acknowledgment of Satisfaction of Judgment (SC-290). If the plaintiff does not file this form, you can ask the court clerk to enter a "satisfaction of judgment" if you can prove you paid the full amount of the judgment with the interest and costs.
  • After you ask the plaintiff in writing to file the Acknowledgment of Satisfaction of Judgment (SC-290), the plaintiff has 14 days to comply. If the plaintiff fails or refuses to comply, you can sue the plaintiff for $50 plus any actual damages you incurred. To read about the law, see California Code of Civil Procedure section 116.850.
• If you went to the trial and lost, you may ask for a new trial. You will need to file a Notice of Appeal (Small Claims) (SC-140).
  • Learn how to 'appeal your small claims judgement' by reading the topic below.
• If you won after filing a Defendant's Claim and the plaintiff owes you money, try to get them to pay you. Once they have paid, file an Acknowledgment of Satisfaction of Judgment (SC-290).
  • If the plaintiff does not pay you, read below to learn how to collect your judgment.
• Read the Department of Consumer Affairs' website for more information.

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If you lose a small claims case and are ordered to pay money to the other side, you become a judgment debtor and the winning side is the judgment creditor. The court will not collect the money for your creditor, but if you do not pay voluntarily, the creditor can use different enforcement tools to get you to pay the judgment.

• Read Payments in Small Claims Cases (SC-200-INFO)

You have 30 days after entry of the original judgment before you have to pay the creditor.

You can do one of the following:

• Pay the judgment voluntarily by paying the creditor directly or paying the court.
  • If you pay the creditor directly, keep proof you paid them. Make sure the creditor files a form called Acknowledgment of Satisfaction of Judgment (SC-290). If the creditor does not file this form, ask the court clerk to enter a "satisfaction of judgment" if you can prove you paid the full amount of the judgment with the interest and costs.
  • If you want to pay the judgment to the court directly, fill out and file a Request to Pay Judgment to Court (SC-145).
• Ask the creditor or the court to set up an installment payment plan. If the creditor will not agree to a payment plan, ask the court:
  • Fill out and file a Request to Make Payments (SC-220) and a Financial Statement (EJ-165).
  • The court will mail a copy of these forms to the creditor. The creditor has 10 days to agree to your request, propose a different payment plan, or reject a payment plan.
    • If the creditor does not respond within 10 days, the court assumes that the creditor agreed to your payment plan and you will be able to pay in installments.
    • If the creditor rejects your payment plan or proposes something different, the court will schedule a hearing to discuss it. Make sure you go to this hearing.
• Fill out and send the creditor a Judgment Debtor's Statement of Assets (SC-133).
• File an appeal: read "Appeals a Small Claims Judgement" below.

Once the 30 days have passed and there is no appeal, the creditor can start collecting the judgment against you. Learn how the creditor may collect a judgment by reading the topic above.

Keep in mind that if you do not pay the judgment:

• The amount you owe will increase daily, since the judgment accumulates interest at the rate of 10 percent per year.
• The creditor can get an order telling you to reimburse them for any reasonable and necessary costs of collection.
• Your credit may be damaged because credit reporting agencies will know you have not paid the judgment when your name appears on the court's "Judgment Roll." This can make it difficult for you to get a loan, get a credit card, or even rent an apartment.

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If you win the small claims case, and the side that loses (the debtor) does not pay you, you can collect your judgment. The court will not collect the money for you. But the court will issue the orders and other documents you may need to collect your judgment from the debtor (the party that owes you money).

You cannot start collecting until:

1. You cannot start collecting until: The time to appeal runs out (30 days after entry of the judgment), or
2. If there was an appeal and you won, after the appeal decision (judgment) is sent back to the small claims court, usually about 10 days after the appeal

The following are some things you can do to try to collect if the debtor refuses to pay:

1. Garnish the debtor's wages

   A wage garnishment orders the debtor's employer to give you part of the debtor's wages until the debt is paid. To garnish wages:

   • Fill out a Writ of Execution (EJ-130) and an Application for Earnings Withholding Order (WG-001).
   • Have the court issue the Writ.
   • Go to the Sheriff's Department or a registered process server and ask them to serve the wage assignment.
2. Get a levy on the debtor's bank account

   This means that money will be taken from the debtor's bank account to pay the judgment.

   • Fill out a Writ of Execution (EJ-130).
   • Have the court issue the Writ.
   • Prepare instructions for the Sheriff explaining what you want them to levy (take). You will need the name, address and branch of the bank.
3. Put a lien on the debtor's real property

   You can file a lien on the debtor's real property (like a house or land). To do this:

   • Prepare an Abstract of Judgment (EJ-001) and have the court clerk certify it.
   • Take the certified Abstract of Judgment and 1 copy to the county recorder's office in all counties where the debtor may own property. If the debtor sells or refinances the property, you will be paid out of the proceeds of the sale. The San Mateo County Recorder's office is located at:

     555 County Center

     Redwood City, CA

4. Suspend Debtor's Driver's License

   If you won a judgment in an auto accident case, and the judgment is not paid within 30 to 90 days after the judgment becomes final, you can have the debtor's driver's license suspended. If the amount owing is $1,000 or less, the debtor's license will be suspended for 90 days. If the amount owing is greater than $1,000, the debtor's license can be suspended for up to 6 years. Get form DL-17 or DL-30, respectively, from the DMV. There is a fee.

If the debtor is a business, you can also try:

1. Having the Sheriff do a Till Tap

   If the debtor is a business with a cash register, the Sheriff can go to the business and take enough money out of the register to pay the judgment and the Sheriff's fee.

   • Fill out a Writ of Execution (EJ-130).
   • Have the court issue the Writ.
   • Take the Writ to the Sheriff's Department.
   • Ask the Sheriff to do a Till Tap. You must know the name and address of the business. If there is not enough money in the register to pay the judgment, you will have to pay another fee each time the Sheriff goes back.
2. Put a "Keeper" in the Debtor's Business

   For a "keeper," the Sheriff will actually stay at the debtor's business, including a doctor or dentist's office, and take all the money that comes in until the judgment is paid. The keeper can collect cash, checks and bank credit card drafts. It is different from the till tap because the till tap is a one-time taking from the cash register. With the keeper, the Sheriff may stay there all day. It is more expensive for you to pay for this, but if there is enough money, the Sheriff will collect their fees out of the money that comes in too.

   • Fill out a Writ of Execution (EJ-130).
   • Have the court issue the Writ.
   • Take the Writ to the Sheriff's Department. Tell the Sheriff you want to put a keeper in the business. If the debtor closes the business while the Sheriff is there, you will have to pay another fee each time the Sheriff goes back.

Debtor's Examination

If you don't have any information about the debtor to help you collect, you can ask that the debtor go to court to answer questions under oath about their assets. This is called a debtor's examination. The debtor's examination:

• Requires the debtor to come to court and answer your questions about their salary, bank accounts, property and anything else that could be used to pay the judgment.
• Can require the debtor, through a subpoena, to bring bank books, property deeds, paycheck stubs, etc.
• Gives you the chance to ask the debtor questions and review all the records they bring, so you can write down information you need to collect.
  • Print these sample questions to help you examine the debtor.

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 (SC-134) and attach a blank Judgment Debtor's Statement of Assets (SC-133).
2. Also fill out a Small Claims Subpoena for Personal Appearance and Production of Documents at Trial or Hearing and Declaration (SC-107) for any of the debtor's documents that you need to see to help you collect.
3. Take these forms to your court clerk to file and get a hearing date.
4. Once you file, you must have a registered process server or the Sheriff serve a copy of SC-134, the blank SC-133, and SC-107 on the debtor.

• The debtor must be within 150 miles of the court in order to be required to go to this hearing.

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Some things to keep in mind:

• You have the right to interest at the legal rate on the judgment owed to you, at a rate of 10% per year, starting the date the judgment was entered. If time has gone by and you have not been paid, you can ask the court to add the interest (and any other costs you have incurred trying to collect the judgment) using a Memorandum of Costs After Judgment (MC-012).
  • Use a Judgment Calculator to help you figure out how much interest the debtor owes you. (San Diego Superior Court)
• Money judgments automatically run out after 10 years. To prevent this from happening, you (as the judgment creditor) must file a request for renewal of the judgment with the court BEFORE the 10 years run out. If the judgment is not renewed, it will not be enforceable any longer and you will not be able to get your money. Click to learn more about how to renew a judgment. (California Courts website)
• Collecting a judgment can be very difficult and time-consuming, and it is possible in some cases that you may not be able to collect the money you are owed.

More help collecting a judgment

Many websites give you information to help you collect a judgment:

• Collecting and Resisting Judgments (Sacramento County Public Law Library)
• Enforcement of Judgment (San Diego Superior Court)
• Collect Your Judgment (California Courts website)
• After the Judgment . . . Collecting or Satisfying the Judgment (Dept. of Consumer Affairs)

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There are special rules for appeals in small claims court:

• The plaintiff cannot appeal a small claims decision based on their own claim.
• The defendant can appeal a small claims decision.
• BUT if the defendant files a defendant's claim against the plaintiff (a counter-suit) and the plaintiff loses that part of the case, then the plaintiff CAN appeal the judgment on the defendant's claim.

When you appeal in small claims court, there is a new trial, called a "trial de novo." This usually means that the court's decision is decided all over again. So you will have to prove your side again from the start, and the other side will have to as well. BUT if you are the plaintiff and you lost your claim and the defendant also lost on the defendant's claim against you, the appeal will only deal with the decision on the defendant's claim (not the claim you lost).

You are allowed to have a lawyer in an appeal of a small claims case. But you don't have to have a lawyer.

To file an appeal:

• Fill out and file a Notice of Appeal (SC-140) within 30 days after the Notice of Entry of Judgment was mailed or handed to you when you had your small claims trial.
• Pay the filing fee for the appeal.
• Go to court, bring all your evidence, and present your case again.

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