Collecting on small court judgement. Any tips?

twofingers

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Nov 16, 1999
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I have won two times in small court but have not been able to collect any money. The courts are of little help. One guy skipped on town and I can not find him. The other has ignored all correspondances to him.

Any tips?
 

stomie

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Dec 4, 2002
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Depends on state and county laws but generally:


HOW CAN I COLLECT MY MONEY?

1. If the other party (defendant) has the money and is present at the trial, s/he can pay you right then.

2. If s/he does not have the money at that time and you both agree at the trial, the judge can set up a payment schedule.

If the defendant is not present at the trial, the court will send a copy of the small claims judgment to the defendant. The judgment will order the defendant to pay you in full within 30 days or tell you and the court where s/he works and the location of his/her bank accounts on form DC 87, Affidavit of Judgment Debtor.

3. If the defendant doesn't pay the judgment as ordered, you will have to collect your money through an execution against property or a garnishment.

WHAT IS EXECUTION?

Execution is a court procedure allowing a court officer to seize property belonging to the defendant which can be sold to pay for your judgment. If you want to file an execution against property, you may use form DC 19, Execution Against Property.

WHAT IS GARNISHMENT?

Garnishment is a court procedure allowing you to collect your judgment directly from the defendant's wages, bank account, or other source such as income tax refunds. If you want to file a garnishment, see the court clerk for the proper forms. Instructions are included with the forms.


HOW DO I GET AN EXECUTION AGAINST PROPERTY OR A GARNISHMENT?

To get an execution against property or a garnishment, you will first need to know where the defendant lives and works, what assets s/he has and where these assets are located, and any other information which identifies the defendant and his/her property.

If you have the information described above, you can start the process for an execution against property or a garnishment.

If you don't have the information described above, you will need to order the defendant to appear in court for questioning through a process called discovery. You can start this process by filing a discovery subpoena.
 

SixFive

bonswa
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Mar 12, 2001
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rots of ruck, rastro!

Easy to get judgements and nearly impossible to collect on them. Sad but true. Unless I'm mistaken, I think a judgement has an effective time period of something like 6 years. When that time is up, and u still can't collect, u can extend the time period by reappearing in s.c. court. Who knows, maybe the stiff will win the lottery.
 

seymour

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I'm an attorney who buys properties at the courthouse - I also buy judgments - what state is your judgment from? do the debtors have anything? In FL if the guy has a car I would bring my writ of execution to the Sheriff and say I want to levy on his car - the car would go up for sale and he would pay it off - Does the guy own property? Cars are the easiest - of course if the guy is broke it could be worthless.
 

SixFive

bonswa
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seymour said:
I'm an attorney who buys properties at the courthouse - I also buy judgments - what state is your judgment from? do the debtors have anything? In FL if the guy has a car I would bring my writ of execution to the Sheriff and say I want to levy on his car - the car would go up for sale and he would pay it off - Does the guy own property? Cars are the easiest - of course if the guy is broke it could be worthless.

seymour, that goes out the window if the debtor has kids and no other possessions or wealth to speak of, correct? Maybe the law in Kentucky is different, but I know I didn't have that option in my particular case and I was told I didn't because of net worth and since there were children involved. Thanks.
 

seymour

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It really depends on state law - in FL having children would mean nothing in terms of having your possessions levied on - in FL we have the country's best homestead protection (ala OJ) - however, you could levy on cars, jewerly, etc. but it could vary from state to state.
 

RAYMOND

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the old fashon way

the old fashon way

if they don't to paid , break there knee caps;)
 
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