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You are here: Small Claims > Collect Your Judgment > Collection Problems & Special Situations
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What do I do if my judgment doesn't state the debtor's correct name?
What do I do if the debtor claims that money or property is exempt from collection?
What if my judgment is against a licensed professional (e.g., a contractor or real estate broker) and the dispute concerns their professional services?
What do I do if my judgment is against the driver of a car that caused an accident on a public roadway?
What do I do if my judgment doesn't state the debtor's correct name?
Usually, your small claims judgment must use the correct name of the person or business that owes you money. Otherwise, you may not be able to collect your judgment. The law provides that the plaintiff may request the court to amend the judgment to include both the correct legal name and the name(s) actually used by the defendant. Check out Code of Civil Procedure section 116.560(b)  .
If the defendant's correct name is different from what's written on the judgment, you can ask the court for a new judgment with the correct name.
You may need to do this if:
- The name on the judgment is not spelled correctly;
- The name on the judgment is a maiden name, and the debtor has a new married name (or the judgment has a married name when the debtor has gone back to using a maiden name);
- The first name is listed as the last name because of a clerical error;
- There's been a legal change of name (other than through marriage);
- The debtor routinely uses a different name (an alias or pen name) and has assets in that name; or
- Your judgment lists the business name, but not the debtor's personal name, and the business is owned by the debtor as a sole proprietor. You will not be able to have the judgment changed to name an officer or employee of the business.
To change the name on your judgment for any reason other than to correct a clerical error, first check with your local court to see if they have a local form that you must use to make your request. If not, you should use the Request for Court Order and Answer (Small Claims) (form SC-105). Here's how:
- Get form SC-105 from the court clerk (or download it in PDF format from this Self-Help Center) and fill it out.
- Indicate that you're asking for an order to change the judgment to reflect the debtor's true name(s).
- When you fill in the declaration part of the form:
- Say whether you are the plaintiff or the defendant that won a defendant's claim.
- Explain why you want to change the name on the judgment, that you have a good reason for the proposed change, and that the change will support the interests of justice. If you have documents that support your request, say that "exhibits are attached" and attach those papers to your form.
- File form SC-105 (and any attachments) with the small claims/civil court clerk. The clerk will put a hearing date on the form. Keep an extra copy of the filed request for your records. You will have to pay a fee for filing the motion.
- After you file your request, the court clerk will mail a copy of it to the other side and a decision will be made at the hearing.
To change the name on your judgment to correct a clerical error, file a Request to Correct or Cancel Judgment and Answer (form SC-108). Here's how:
Get form SC-108 from the court clerk (or download it in PDF format from this Self-Help Center) and fill it out.
Indicate that you're asking for an order to correct (NOT vacate) the judgment.
When you fill in the declaration part of the form:
- Say whether you are the plaintiff or the defendant that won a defendant's claim.
- Explain why you want to change the name on the judgment. If you have documents that support your request, say that "exhibits are attached" and attach those papers to your form.
- File form SC-108 with the small claims/civil court clerk within 30 days after the clerk mails form SC-130. Keep an extra copy of the filed request for your records. You will probably have to pay a fee for filing the motion.
- After you file your request, the court clerk will mail a copy of it to the other side. The debtor will then have 15 days to file and serve an opposition. If the debtor files an opposition, it will say why the judge should deny your request. The debtor can serve their opposition on you by mail.
- If the debtor files an opposition, the court may schedule a hearing so the parties can tell their stories to the judge. If a hearing is scheduled, the court will send both parties a notice of the hearing. If a week goes by (after you've been served with the debtor's opposition) and you still don't have a notice of hearing from the court, contact the court clerk and ask what's happening with your case, giving the clerk your case name and number. If the debtor doesn't file an opposition within 15 days, the judge will probably grant your request.
A judge will probably deny a request to "correct" a judgment that asks to:
- Name a spouse or domestic partner that was not a named defendant in the action.
- Name a different entity or person than the one originally sued (for example, a business partner you didn't know about).
These cases are more complicated. The judge will probably only correct or "amend" the judgment if the interests of justice are served and the business partner, spouse, or domestic partner was in court on the day of the hearing and defended the case.
Click here for more information about collecting wages of the debtor's spouse or domestic partner.
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What do I do if the debtor claims that money or property is exempt from collection?
Within 10 days of receiving the notice of exemption, you'll need to file with the sheriff/marshal AND the court a Notice of Opposition to Claim of Exemption (form 982.5(7) for wage garnishment or EJ-170 for property). Click here to find your local sheriff. You or the court will also have to prepare a Notice of Hearing on Claim of Exemption (form WG-010 or EJ-175). You must serve the debtor with these papers at least 10 days before the hearing date. (Add 5 more days if service is done by mail.) For more information, check out Code of Civil Procedure sections 703.550 through 703.610 .
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What if my judgment is against a licensed professional (e.g., a contractor or real estate broker) and the dispute concerns their professional services?
It may be possible to have the contractor's license suspended. Click here to see Information for Judgment Creditors posted by the Contractors State License Board.
It may be possible to have a real estate professional's license suspended if the small claims judgment says the court found evidence of fraud or other intentional misconduct. You may be able to file a claim with the California Real Estate Recovery Fund in order to get paid. Read the Department of Real Estate forms RE 806 and RE 807 to see if your judgment can be paid from the recovery fund.
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What do I do if my judgment is against the driver of a car that caused an accident on a public roadway?
If the judgment was for less than $750 and has remained unpaid for more than 90 days, you may file a "Certificate of Facts Re: Unsatisfied Judgment" with the Department of Motor Vehicles (DMV). That form (DL-30) is available at the court clerk's office. The debtor then has 20 days after the DMV gets your Certificate of Facts to pay the judgment. If the debtor does not pay within the 20 days, the debtor's driver's license will be suspended. The suspension can last for a maximum of 90 days. For more information check out Code of Civil Procedure section 116.880 .
If the judgment was for damage to property in excess of $750 or for any bodily injury or death, the debtor's driver's license can be suspended for a maximum of 6 years. For more information, check out Vehicle Code sections 16370-16381 and Code of Civil Procedure section 116.870 .
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Last modified: 03/17/2008
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