First it is important to realize that the legal systems of our country often take a good amount of time to reach a resolution, and your judgement will likely be delivered to you, just possibly not in the time frame you expect. Considering the judgment was entered one month ago, you should likely give the court system another month or two to process your case considering the transfer.
Nevertheless, due to the nature of the issue, you might try finding a local attorney who will take up the matter for you for a reasonable fee, or you might file a motion for appearance with the clerk of the court and appear representing yourself. In making your appearance you may discuss the nature of the case, and the timeline to this point.
You should emphasize that while your case was resolved the judgement has not been delivered, and further delay may encourage insurance companies and others to engage in protracted payout practices. You may argue that by not receiving your judgement you have been denied justice to this point. However, given the dates you discussed, a court will likely tell you "Were not fast enough for you? Do you think your the only one with this problem?"
In conclusion, your best bet will likely be to continue to stay in touch with the courts, and ask for a time frame for delivery of your check. By staying in touch with the courts you will keep them on top of your case.
This answer does not constitute a legal consultation, or definitive answer, nor does it establish a lawyer client relationship. Each case, controversy, or situation is factually different and requires particularized evaluation.
If someone fails to pay a judgment arising for a motor vehicle accident, you can request that the DMV suspend their license until the judgment is paid. For more information, go to:
How could you file another claim if the defendant has complied with the order, your issue seems to be with the court not with the defendant.
The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Jonathan D. Marx and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney
As I stated in a response to one of my colleagues, your only REAL option is to file a motion with the court, wherein the judge orders the clerk to release the funds. To do this, you would file SC-105: Request For Court Order and Answer (www.courts.ca.gov/documents/sc105.pdf)
The defendant (through Mercury) has complied with the law. There is nothing, really, that you can do with them.
Should my suggestion fail to produce results, you last option would be to seek a writ of mandate from the Appellate Division. I doubt this would work as:
1) You would PROBABLY get paid before it is heard - if not because the Presiding Judge intervened or the money actually made it to you
2) Writs of Mandate are VERY RARE in Small Claims. Success would be limited to a court order requiring the release of funds.
So, then you would be left wanting to sue the Court for failing to act promptly. I doubt this would be very successful. Unfortunately, you just need to be patient.
If you have further questions about Small Claims, contact an attorney that knows Small Claims law and procedure. Try: www.smallclaimsappeals.com
Adam Jaffe Law Office of Adam Jay Jaffe 124 Lomas Santa Fe Dr, #204 Solana Beach, CA 92075 (619) 810-7964 www.smallclaimsappeals.com Adam@AdamJayJaffe.com This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.