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Balis Judgment Enforcers
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Child Support Cases
Practice Areas
Collections
We accept the following type cases for collection:
• Book Account - A “book account” or “open book account” is based on a statement kept by the creditor showing the debits and credits between the debtor and creditor. It must arise from a contract or fiduciary relationship, be made in the ordinary course of business, and be kept in any reasonably permanent manner.
• Money Had and Received - A count for “money had and received” is when the debtor is indebted to the creditor for a stated sum. It is commonly used 1) to recover money paid by mistake or under fraud or coercion, 2) where the creditor paid money under a void, voidable or unenforceable contract, 3) where the contract has been fully executed by the creditor, or 4) where the creditor seeks restitution on a contract after there has been a failure of consideration or breach by the debtor.
• Work, Labor or Services Rendered - This count is available, allowing recovery on a quantum merit theory, where the debtor is indebted to the creditor in a sum certain for work, labor or services rendered pursuant to the debtor’s express or implied request, and the work, labor or services were intended to and did benefit the debtor. The creditor may recover the sum owed or the reasonable value of the work, labor or services performed.
• Goods Sold and Delivered - A count for “goods sold and delivered” is available where the debtor is indebted to the creditor for goods, wares or merchandise sold by the creditor. The creditor may recover the sum owed or the reasonable value of the items sold.
• Money Lent or Paid - A count for “money lent or paid” may be alleged whenever money is lent or paid by the creditor to the debtor, or where money is laid out or expended to or for the debtor.
Judgments
We accept the following type judgments for enforcement:
• Civil Judgments - A civil judgment is a court order requiring the judgment debtor to pay the judgment creditor a specific amount of money. There are a wide range of collection techniques available under California’s Enforcement of Judgment Laws to force debtors to pay the judgment.
• Small Claims Judgments - A small claims case is an alternative low-cost solution available for most creditors with relatively small claims. Unless the action is against a guarantor, jurisdiction is limited to $7500.00 for natural persons. The jurisdictional limit for parties other than natural persons is $5,000.00. Jurisdiction limits actions against guarantors to $500.00 unless the guarantor charges a fee for its services. Then the jurisdictional limit is $4,000.00 Generally, attorneys may not take part in the conduct or defense of a small claims provider. However, an attorney can render advice to a creditor and testify to facts of which they have personal knowledge. Attorneys may also assist in enforcing a small claims judgment.
• Family Law Judgments - We accept spousal support, child support and property division judgments.
• Criminal Restitution - California law requires a judge who sentences a person convicted of a crime to also order the person to compensate the victims of the crime for any economic losses they suffered. This is called making restitution. The judge must calculate the amount of the restitution at the time of sentencing or later, at the judge’s discretion. A restitution order can be converted to a civil judgment. Handled properly, a restitution order converted to a civil judgment cannot be discharged in bankruptcy.
• Arbitration Awards - An Arbitration Award is not a Judgment and enforcement requires that the Award be turned into a Judgment. The procedure is to file a Petition to validate the Arbitration Award with the proper court. This requires filing a case and serving the Debtor. Once the Court determines that there is a valid Arbitration Award and validates it as a Judgment, we begin enforcement using all the legal means available.
• Labor Commission Awards - A Labor Commission Award is not a Judgment and enforcement requires that the Award be turned into a Judgment in the same manner as an Arbitration Award. The procedure is to file a Petition to validate the Award with the proper court. This requires filing a case and serving the Debtor. Once the Court determines that there is a valid Award and validates it as a Judgment, we begin enforcement using all the legal means available.
• Sister State Judgments - A Sister State Judgment is a Judgment entered in a court that is outside of California. Out of State Judgments can be enforced under the California version of the Uniform Enforcement of Sister State Judgments Act. If you already have a court issued Judgment from another State that hasn’t been collected and the Debtor or the Debtor’s assets are in California, we know how to enforce that Judgment and get your money. We use all the legal remedies the law allows to collect your money. We move fast and aggressively. The procedure to enforce a Sister State Judgment is quick and easy. You don’t have to re-prove your case. We file an “authenticated” copy of the Sister State Judgment with the California court, serve a notice and 30 days later we can start efforts at enforcement.
• Foreign Country Money Judgments - A foreign Judgment is a Judgment entered in a country that is outside of the United States. Foreign Judgments can be enforced under California law, if the judgment is final, conclusive and enforceable where rendered even though an appeal is pending or may be taken. An action must be filed to domesticate the foreign judgment in California. In order for a foreign judgment to be recognized in California, the judgment must have been rendered under a system that provided an impartial tribunal and afforded due process, the foreign court had personal jurisdiction over the defendant, and the foreign court must have had subject matter jurisdiction.
• Federal Judgments - Federal judgments are generally enforced in federal court. Nonetheless, state law governs procedures for enforcement if a specific state law applies. If you have a federal judgment, the defendant has 30 days to file notice of appeal after the judgment is entered. However, if the defendant is the United States, federal officer, or agency, the period is extended to 60 days. Enforcement may begin as soon as the judgment is entered, although enforcement must cease if the defendant appeals and posts a bond with the court. If you lose an appeal, repayment to the debtor is required along with interest and costs. However, if you prevail on appeal, you may be able to collect the judgment out of the bond.
If you have a federal judgment awarded in a state other than California, and the debtor resides or has assets in California, the judgment must be registered with a district court in California by filing a certified copy of the judgment.
If you have a federal judgment awarded in a state other than California, and the debtor resides or has assets in California, the judgment must be registered with a district court in California by filing a certified copy of the judgment.