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    smartwismer's Avatar
    smartwismer Posts: 1, Reputation: 1
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    #1

    Nov 29, 2007, 03:38 PM
    Selling small claims amount that was awarded
    I won a small claims case and I am wondering is there some way to sell the amount to a third party because the person would take 3 years to pay the amount at the amount the judge allowed.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Nov 30, 2007, 09:11 AM
    Quote Originally Posted by smartwismer
    I won a small claims case and I am wondering is there some way to sell the amount to a third party because the person would take 3 years to pay the amount at the amount the judge allowed.

    I would guess - and this is purely a guess - you cannot. The third person would be unable to collect the Judgment, not having legal standing. I suppose you could do some sort of "side pocket" deal where the third person gives you the money upfront and you collect on the Judgment and hand the third person the money as it comes in but I have some concerns about the legality of that arrangement.

    Small Claims Clerk would be able to tell you - I say, no, it's not possible.

    Interesting question -
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Dec 1, 2007, 08:53 AM
    Hello smart:

    Debts are bought and sold all the time. Since this is a JUDGMENT, you may have to sell an "assignment of judgment", instead of the actual judgment, but I think it would be perfectly legal. When payday happens, you simply forward the money on to the purchaser.

    But what do I know? I'm an exconvict, after all.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Dec 1, 2007, 10:00 AM
    Quote Originally Posted by excon
    Hello smart:

    Debts are bought and sold all the time. Since this is a JUDGMENT, you may have to sell an "assignment of judgment", instead of the actual judgment, but I think it would be perfectly legal. When payday happens, you simply forward the money on to the purchaser.

    But what do I know? I'm an exconvict, after all.

    excon

    The local Court Clerk is a friend of mine and she doesn't know! It is a thought provoking question. Her "guess" is that you could accept the money from the third party and then you yourself would forward the payments received to that person but if the debtor doesn't pay it's up to you to collect. And if the debtor doesn't pay and the third person wants his/her money back -?

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