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Min H. Kim, J.D

Judgment Collection Specialist

Winning the lawsuit is easy

Collecting the money is hard

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One LA court clerk

Min H. Kim heard that phrase, "winning the lawsuit is easy, collecting the money is hard," from a LA court clerk, when he tried to file a small claim against his landlord who tried to evict him illegally.  Min learned about how people win the lawsuit, obtain the judgment from the court, yet unable to collect the money.  Min learned about the harsh realities of our legal system, how complex and frustrating it can be, and how judgment debtors engage in dirty and dishonest tactics to avoid collection.   Ever since, Min felt that helping innocent victims to recover their money was his calling, despite the bad repuation associated with debt collectors.  Min met a lot interesting people, encountered many interesting situations, and he is still learning and growing.

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Min graduated from UC Santa Barbara and Chapman Law School

WHEN NOT TO SUE IN SMALL CLAIMS

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  1. Defendant passed away- Even if he left money for his family (estate), you will end up in probate court to collect, which is too complex for an individual to pursue.

  2. Defendant files for bankruptcy- when an individual files for bankruptcy, it is usually chapter 7, wiping out all debts (exceptions apply)- and the judgment becomes uncollectible.

  3. Defendant is out of state- You must sue the defendant in his state, not in California.  (exceptions apply).  Even if you sue in California and win, the collection process will be very difficult because his assets are in another state. 

  4. Defendant is judgment proof- He is so poor that he does not have money to pay or assets to be garnished.  Remember the phrase “One-million-dollar judgment against a homeless person down the street is not worth the paper it is printed on”

  5. Defendant is on welfare, disability, social security, unemployment or other government income.  Most of the money from the government cannot be garnished.

  6. Defendant is a corporation/LLC that closed the business.  Corporations/LLC are separate entities from the business-owner.     Even if the owner is wealthy, you can only go after the corporation/LLC. (exceptions apply)

  7. The amount is so small, it is not worth it to pursue, especially the collection costs can be high.  I generally do not recommand suing for amount below $3,000.  Remember "Justice is not free."

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MISTAKES TO AVOID WHEN SUING IN SMALL CLAIMS COURT
 

  1.  Suing the right person/entity

 

Example: You hired John Doe to fix your shower.His truck reads “Doe’s plumbing.”He floods your house, and he disappears.You want to sue to recover damage done to your house.Who do you name as the defendant?

Answer: If John Doe is a sole proprietor, then name the defendant as “John Doe DBA Doe’s plumbing” If it is a corporation/LLC, then sue “Doe’s plumbing” but not John Doe.

If you name the wrong defendant, the judgment becomes uncollectible and the judgment may be vacated.

 

   2.  Serving the paper- Sheriff or process server, not an individual

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Once you receive the paperwork from the small claims court, you must serve the defendant.  Law states that anyone over the age of 18 who is not a party to the lawsuit can serve the paper.  However, please hire a process server or sheriff to serve.  Why? If an individual serves, and the defendant later claims that he was not served, the judge is likely to believe the defendant.  However, if a process server or sheriff serves, the judge is likely to believe that the paper was served 

 
   3.  Serving a UPS/Postal Mailbox

 

You found out that the address of Doe’s plumbing is a UPS mailbox. Hire a process server and he can find out the physical address of John Doe and serve him personally. Serving a mailbox may not be valid.

7 WAYS TO COLLECT

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  1. Bank levy

  2. Wage garnishment

  3. Repossessions of vehicles

  4. Suspension of professional licenses

  5. Lien on property

  6. Till-tap and keepers

  7. Order for Appearance.  

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Of course, you can collect the money yourself.  However, the paperwork and the processes are very complex and frustrating.  Also, the defendant often engage in dirty and dishonest tactics to lie, cheat, run and hide their assets.  Here at Lucero One, we use our superb investigative skills and private investigator networks to discover the defendant's assets and apply “maximum pressure” to bring the defendant to the negotiation table for the best possible results. We work on a contingency fee basis.  We guarantee NO RECOVERY, NO FEE.  If we cannot collect, you owe us nothing.  

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