california small-claims-court civil-judgment enforcing-judgment
What happens if a person does not pay for the sentence in a small claims court?
<p>The Small Claims Court in California say that they cannot collect the value awarded by any sentence that they deliver. What happens to the defendant if he/she is sentenced to pay the plaintiff but refuses to pay the claim? Is the defendant liable of further penalties? Should the case proceed to a higher court?</p>

<p>The Small Claims website does says about "more serious steps", but it is not clear what these are.</p>

<p>Nope. </p>

<p>Say I sue you successfully, and the court delivers a judgement that awards $1000 in damages. It is not the responsibility of the small claims court to ensure that the judgement is fulfilled.</p>

<p>In fact, the debtor (person who lost) can outright refuse to pay the creditor (or the person who won). They are not in violation of any law at this point.</p>

<p>However, the creditor can ask the court for options on enforcing their judgement, and these can include, but are not limited to:</p>

<ul>
<li>Garnishing wages</li>
<li>Providing a court order</li>
<li>Seizure of assets (through court sheriff, don't use this yourself or you end up getting into criminal matters)</li>
</ul>

<p>and others to enforce the judgement. The debtor isn't liable for refusing, unless when they are in violation of a court order. Violating a court order is a criminal matter, and the debtor could possibly be found guilty of contempt of court.</p>

<p>Oh, and the case wouldn't move on to a higher court. Cases go to a higher court when an appeal is made, generally when there has been an error in enforcing the law. You also need to be provided leave to make an appeal.</p>
