Went to court 5/5/09, court order was not actually signed by judge until 4/20/10.
In the order, I am to be paid a monthly payment, by a specific date each month, and is to be paid off in full including all interest accrued in 12 months.
The defendant has possession of the property.
If the defendant is ever 3 days late on any 1 payment or fails to satisfy this debt within 12 months, plaintiff is entitled to writ of possession.
So ordered, 4/20/10, nunc pro tunc to 5/5/09.

My questions:
I'm really interested in getting payment for debt. So I guess garnishment would be best.
If I did re-posses my property, would I then be responsible for all debt attached? Could I still garnish wages for Interest on credit card?

You need to detail the transaction more. The way I read the court order your only recourse is repossession.

That is the order, without going into detail of amount owed.
So you're saying that I cannot attempt to garnish wages if not stated in the order?

I would think so. Usually judgments aren't that specific. So if the judge was that specific, I think you are restricted. You can always go back to the judge for clarification.

What I meant by detail the transaction was what went on. Sounds like you sold something that the buyer didn't pay for. If so, what was sold.

Purchase was made with my cc. 2 cc's involved. He has been paying me cash and I have been making the payments to the cc. defendant since court date has paid monthly and since last month he has stopped payment. Still owes a great deal of this debt still. This has been going on for more than a year. I want this over with. And the ball back in my court!

Ok, so you made a purchase on your credit card for the item with an agreement that he would make the payments. He reneged and you took him to court where you were awarded a judgment that specified he was to make payments otherwise you could repossess the item. What was the item?

If the suit was bought over a year ago, hasn't this been paid off by now?

Obviously it hasn't been paid off or I wouldn't be pursuing this order. Would much rather be spending my time on more enjoyable things... thank you, but this has not been of any help to me at all.

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Originally Posted by idk9586

obviously it hasnt been paid off or i wouldnt be pursuing this order. would much rather be spending my time on more enjoyable things... thank you, but this has not been of any help to me at all.

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If you have a court order that the defendant make certain payments as scheduled in the order, and if the defendant did not make the payments, simply move that the court issue a judgment for the amount due. Then you would be able to obtain any remedies you would have on a judgment: pay garnishment, execution on bank accounts, and other real and personal property, etc.

Quote:

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Originally Posted by idk9586

obviously it hasnt been paid off or i wouldnt be pursuing this order. would much rather be spending my time on more enjoyable things... thank you, but this has not been of any help to me at all.

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Excuse me? You posted the terms of the judgment. I explained to you what those terms meant. How was that not helpful?

I didn't mean was the judgment paid off, obviously it hasn't been. I was asking about the original credit card bill? You went to court over a year ago. Haven't you been making payments on this card balance during that time? I understand you want to recover the money he was supposed to pay. But the judgment was specific. To get a writ of execution you have to go back to the court anyway. So either the judge modifies the order and allows a writ of execution (you will need to provide the name of his employer for a wage garnishment or bank and account info for an attachment of assets) or he tells you to just take back the merchandise.

Thoughts on filing rule nisi

My thoughts - why would you do this when you can "simply" go back to Court to clarify and/or enforce the Judgment?