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    RJ2442's Avatar
    RJ2442 Posts: 1, Reputation: 1
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    #1

    May 21, 2012, 08:58 PM
    How do I collect on a small claim case I won?
    In October 2011, I won a $5000 small claims case against an ex-client of mine whom I assisted in developing an nonprofit educational organization. The nonprofit's documentations and business plan was completed and filed with proper government and state agencies; granting him with a new nonprofit organization. After 5 weeks of preparing the documents and 9 weeks of waiting for his nonprofit legal paperwork to arrive, I provided my ex-client with an invoice for $5186 ($5000: the agreed contract amount and $186: traveling expenses - also agreed to in our contract). Once my ex-client saw my invoice he refused to pay me, claiming he wanted to pay me from "any" funding "I" would/could generate for his new nonprofit. This was not part of our contract agreement. So I demanded payment be paid to me within seven business day or I would see him in court.
    Needless to say he did not believe me and I won my case, but at the time of the hearing the judge allowed him to pay $500 within 48 hours and also allowed him until the end of April 25, 2012 to pay the balance. The only payment I received was the $500 as stipulated by the judge. No other payments were made.
    On April 27, 2012; I went back to court to request that the payment plan made in October be removed and a request for immediate payment be granted. The judge signed it and now no one at the court building would provide me with information on what's my next move.
    Can someone please provide me with some guidance.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 21, 2012, 09:15 PM
    Welcome to the world of collections, it is easy to win, but most small claims judgements are never collected.

    Is this against him personally, or is it against the non profit corporation ?
    Who did you sue ( that is inportant)

    So who ever it is, you have to try and find their bank and bank account info, if they paid you that 500 dollars, then you would have gotten his bank and his account numbers that I am sure you keep a copy of.

    So you file in court for a garnishment ( attachment) of the funds in the bank account.

    If it is against him, you file for a garnishment of his wages from work.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    May 22, 2012, 07:25 AM
    Quote Originally Posted by RJ2442 View Post
    ... at the time of the hearing the judge allowed him to pay $500 within 48 hours and also allowed him until the end of April 25, 2012 to pay the balance. The only payment I received was the $500 as stipulated by the judge. No other payments were made.
    On April 27, 2012; I went back to court to request that the payment plan made in October be removed and a request for immediate payment be granted. The judge signed it and now no one at the court building would provide me with information on what's my next move. ...
    Very unusual for a judge to order payment. Usually, a judgment is entered and then it's up to the judgment creditor to collect, using the writs Fr_Chuck has mentioned.

    Perhaps the judge didn't know what he/she was doing and that's why no one at the courthouse can help you.

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