How can the terms of a judgment be enforced if you are the defendant?
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How can the terms of a judgment be enforced if you are the defendant?
I have received a Judgment as follows: Judgment was entered as stated below on 03/21/2011. Defendant shall pay plaintiff $3250 principal and $120 costs on plaintiff’s claim. Other: Plaintiff to return cats to defendant at own expenses once judgment is satisfied. I am the defendant, and I paid the plaintiff the full amount 2 months ago yet the plaintiff has not returned the cats back to me. What rights do I have to recover my cats even though I lost the case? Is there any form I can file in Ca to enforce the judgment?
Asked on June 16, 2011 under Bankruptcy Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Okay, you held up your end of the bargain and the plaintiff ended up messing around with the matter they brought suit for in the first place. Classic. So you have the proof that the judgement was paid, correct? Did the plaintiff issue you a satisfaction of judgment? Probably not given what you have written. Then what you need to do is to bring a motion in the matter to force the plaintiff to issue a satisfaction of judgement and to return the cats as the order indicates. You could also ask for alternative relief in that she is in contempt of the order of the court (an order had to be issued before the judgement). Ask for court costs and fees associated with what ever you need to do. Good luck to you.
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