I performed contracted computer work for a firm and the customer is not paying me. How do I litigate this matter?

Question: I am a web designer and computer programmer. A customer has not paid me $5,750.00 owed for services rendered and refuses to discuss the matter, work out a settlement, or even take my calls. I’m contemplating taking the client to small claims, but what happens if I win and he still refuses to pay? I don’t want to spend the time, money, and effort for a lawsuit and be left with just a moral victory. I and the client are both in California, if that helps.

Response: If you win a judgment against someone, there are mechanisms to collect against his assets—real property, personal property (i.e. everything that’s not real estate, including bank accounts), and even business assets. This involves going back to court after your victory and getting an order that will put a lien on the property in question. If you had a lawyer, your lawyer would do this for you, but since you’re going to small claims court, you’ll need to do it yourself. However, it’s a pretty easy process—mostly just a matter of filling out the right forms. (I’ve included a helpful link below.)

Once a lien is established, if real property is sold, you can receive a portion of the proceeds. If the lien is on personal property, you may have the sheriff seize it and sell it to pay the debt.

You could also collect a portion of the client’s wages—again, after winning in court, and with the appropriate court order. This is called garnishment, and I’ve included a link about it below, too.

While the links below are specific to California small claims courts, all courts, in all jurisdictions, have similar mechanisms to enforce judgments and ensure that people who win in court can be paid. Just look up the rule and procedures appropriate to your court.

Again, if you have an attorney, he or she would do this for you—the important thing to remember is that as long as the other party has income or assets, you can be paid if you win, even if the other side doesn’t do the right thing and pay voluntarily.

Answered by Steven Zweig

For more information:

• California liens
• California Wage Garnishment

Disclaimer: This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a lawyer for your case.