[crissy]

Won a judgement bk in oct 2004 and have not received any money from this person he owns a trailer park and in 2005 he let his friend be partner with him in the trailer park.I did a notice of writ which I took out in June of 2005 what that do I do not know.but that is what the courts told me to do I live in nc how long do he have to pay me and can I take a lien out on anything he owns? Or judgement execting form what do that do?

[excon]

Hello crissy:

Winning a judgment is only about 40% of the battle. The courts don't collect for you. You have to do that on your own. Bummer - they should have told you (or you should have asked).

Yes, you can file a lien on his property. Even better - you can levy on his bank account. If he receives a paycheck, you can garnish that. Get on the phone and do some investigating. You can also hire a collection agent (but they're scum and they'll take half or more).

How long does he have?? If you make no efforts to collect, he has forever. Your judgment expires every few years, but you can renew it forever too.

excon

[ScottGem]

As excon said, the bigger part of winning a judgement is collecting it. If you knew he owned the trailer park, you should have put a lien on it immediately. He then would not have been able to add his friend as a partner until the lien was paid. But now, you have to wait until its sold.

This assumes, however, that the ownership was in individual names and not a corporate entity. If it is in a corporate name, then that would mean that he may be drawing a salary from the corporation, so you can garnish that. Otherwise you will have to find some other assets that he has to attach.

[mr.yet]

You can subpeona the person to appear in court to list is asset for you to attach. Check with your local court for the subpeona,

[crissy]

Thank you for your response to my problem it really gave me something to think about now and where I stand with this person.yu said if he work I might can collect that way but he do not work so I guess he is disablity because of his health.use to license technican electric work.I wrote him letters sent him a notice of writ what the court said to do first nothing happen their.I have his license plate # can I do anything with that? And one to the response said I can not put a lien on his property because he put his friend on it.so if do get a collection agency to help me how much will they take he owes me $1823.00 and will they really get me anything from him? Thank you again for your opion.

[crissy]

I hired a guy to some home improvement to my home back in 02 and he charged me $4450.00 I paid him $2100.00 bk in nov 04 and he been over seas for 7months and came back this year march 06 and he have not been to my home because he went to Kansas in July and working on his house. Anyway I wrote him a letter asking hime will he able to finish my home in 30 days he said no his wife read the letter to him on the phone while he was at work and she got upset saying if she can pay someone else why she can't pay you. But like I said I paid him $2100 and he have not been over their in awhile now I just want him not finish it but he says I still owe him do I?

[ScottGem]

I'm confused. You hired this guy in 2002? Did you sign any sort of contract or description of the work? Do you have a bill from him?

About TWO years later you paid him about half the bill. Was any work done at that point?

Now you have asked him whether he can finish the work in 30 days and he said no. Did he give you a counter schedule.

I'm also not clear about what the wife is saying about who paying who.

Without knowing what you signed, what type of contract you entered into, or what and how much work was actually done, its hard to say whether you owe him anything or not. But 4 years is an awfully long time to wait for work to be done. Even if you consider that he went overseas on military service and you want to honor that, its still a long time.

But we need more details to advise.

[crissy]

Sorry I did not give you a story about that because I try to keep it short. But what I guess I am saying is this he wrote a contracte up for when I took the electric guy to court just in case they did I have contracter to fix the damage the electric guy did to my plaster walls he gave me the contract in oct of 04 and that was to repair and replace walls that was damage and I would buy the materials as needed. So I paid him like I said nov of 04 hald of the $4450.but he do not come over three a days to do the work that need to be done he come by on sat or Sunday when he feel like it. So he left in aug of 05 to go over seas and I had not hire no one to come over to do any and now that he came back in march of this year he have not been over their that much because he working on his own. So my question is I know longer want him to finish my home how can't I let him without upsetting him and the wife because she think I took advantage of him and pay him for the work he done when came back.

[Fr_Chuck]

First I am about the last one to complain, but using spaces, periods, and capitals at the start of new sentences, This apears to be one long sentence.

Also you needed to post this with your original post, since without reading your other post, this does not really make sense either.

You appear to have been cheated by a contractor but you don't want to upset them for some reason.

Can you perhaps write all of this out a lot clearer as to what you are talking about, use breaks, full sentences and re-read it pretending you have no idea what happened.

Sorry

[crissy]

Took a guy to court has not paid yet but he cashed a check I wrote him back in 02 and if I go to my bank and ask for a copy of my check to see where he cash it. Will I be able to collect from his bank with judgement papers showing he owe this amout of money?

[jrussole]

Maybe, its worth a shot. He may still have a bank account there. That you can garnish.

[ScottGem]

If he still has that account and its active, you can then go to the bank with your judgement and attach the assets in the account.

[crissy]

Can I put a lien on his van that he drive around like nothing has happen and if I get a collection agency to help what is their percentage I won $1823.00 is it a 3% I live in jacksonville nc.

[mr.yet]

Garnish his wages would be easier.

[crissy]

Thank you for responding just that he does not work.