Sample Case Studies in Collections for Self Represented Litigants Assisting Pro Pers in a Self Help Center or Workshop Setting

Staff Attorney (Civil & Small Claims Advisor) Santa Cruz Superior Court Self Help Center 1 Second Street, Room 301 Watsonville, CA (831)

 1. Brief Overview: Court based Self Help Center  Model of Services (Walk-in, Workshops, Appointments, Phone, and ).  2. Case Study #1:  Bank Levy after Family Law Order  3. Case Study #2  Wage Garnishment after Criminal Restitution Order  4. Brief Collections/Exemptions Tips

 PART ONE  COURT BASED SELF HELP CENTER SERVICES

 Santa Cruz County Superior Court 1 Second Street, Room 301 Watsonville, CA (831) , option 4  Assistance for SELF REPRESENTED LITIGANTS in certain types of cases.

 Family Law: divorce, custody, visitation, child support  Name changes, guardianships (of the person)  Civil collection and contract cases  Restraining Orders (DV, Civil Harassment)  Unlawful Detainers (eviction cases)  Small Claims

 General Family Law, UD, Restraining Orders, or Name Change Services: Mon - Thurs 8:30-11:30 am or 1:00 – 3:00 pm (always closed the 3 rd Tuesday afternoon of the Month).  Small Claims, Civil, Collections: Tues & Thurs 8:30 – 11:30 am only. By Phone: Tuesdays 1:30 – 4:00 pm (831) SHC Calendar and Information at:

 Staff Attorneys are Neutrals  Assistance to Plaintiffs and Defendants, Petitioners and Respondents  No Legal Advice or Confidentiality  No Conflicts (help tenants and landlords)  Interview, explain options and procedures, provide and/or review forms (customer brings own Declaration).

 Appointments for Civil Collections  Approximately.5 to 1 hour.  Use Form Programs  Public Computers with icandocs, hotdocs, essential forms, etc.  California Courts Collection Instructions

 Warn Pro Pers, Collecting is always at least a two step process.  1: File something with the court  2: Then take something to the Sheriff/Process Server/County

 PART TWO  Bank Levy after Family Law Order

 Clearly stated, specific dollar amount  Unambiguous Terms  Fixed in Time

If you only have a vague/general order then file an RFO to establish the specific amount to enforce. COURT CAN’T ISSUE A WRIT USING:  “Half of all unreimbursed medical & dental”  “Half of all extracurricular activities”  “$ per month to board Rocket, for as long as the horse shall live.”  “RFO granted in favor of Respondent. Petitioner shall pay for the Visa card.”

 $ Unreimbursed Medical Costs  $14,500 equalization payment  $88, from sale of home

 Enforceable Order  Creditor knows IDENTITY OF DEBTOR’S BANK  Writ $25.00  Memo of Costs  Updated Fee Waiver if applicable  Sheriff’s Instructions (vary by county)

 California Courts Bank Levy Instructions  Collections Handout  Simplified: ◦ Writ (EJ-130) ($25) file with Court ◦ Memo of Costs MC-012 file with Court ◦ Issued Writ (plus copies) to Sheriff $35  (Levying Officer/Process Server) ◦ Sheriff’s Instructions form

 legislation/service_of_legal_process/d efault.asp legislation/service_of_legal_process/d efault.asp  If bank is not on DBO list, use the branch where Debtor’s account is located.

In Pro Per Family

Los Angeles Paula Miller X

Felix Miller 1234 Freedom Blvd. Watsonville, CA /01/11 FOAH X

 10% Simple Interest  Starting from Date of Judgment (06/01/2011)  x.1 = ∻ 365 =  x Number of Days since entry of Judgment (1002 from Sample Order)  $162.01