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    Michele292's Avatar
    Michele292 Posts: 10, Reputation: 2
    New Member
     
    #1

    Oct 9, 2006, 09:16 AM
    Have judgment... now how do I get the money?
    I won 2 judgments in small claims court against the same person; each for around $11,000. Now how do I get the money? I put a lien on the deadbeat's property but that is all I know to do. I don't have his social security number, nor do I know where he works. Obviously, he's switched his phone, etc. It's been 2 years and I would like to be more aggressive in trying to get my money. Thank you!
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
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    #2

    Oct 9, 2006, 09:18 AM
    Here's a bit more aggressive for ya: Stake him out to find out where he works - so you can get a wage garnishment.

    ... just a thought...
    beautifuldiva's Avatar
    beautifuldiva Posts: 79, Reputation: 8
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    #3

    Oct 9, 2006, 09:19 AM
    Hmm I'm sort of curious to this as well.. Can't she go back to the judge and show he has not paid and have him arrested?
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
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    #4

    Oct 9, 2006, 09:37 AM
    No... at least not in the US. Most countries do not treat being a deadbeat as a criminal issue.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #5

    Oct 9, 2006, 09:42 AM
    Quote Originally Posted by beautifuldiva
    Hmm I'm sort of curious to this as well.. Can't she go back to the judge and show he has not paid and have him arrested?
    No. This is the Catch 22 of judgements. All a court does is award the judgement. It does not collect on it. The winner has to then collect on the judgement themselves.

    Quote Originally Posted by Michele292
    I won 2 judgments in small claims court against the same person; each for around $11,000. ...I would like to be more aggressive in trying to get my money. Thank you!
    Hire a collection firm. Though they will generally take a hefty cut of what you collect, or you wait until he sells the property. If you want to try and do this yourself, if you know where he lives (assuming the property was his home), then stake out the home one day (if he knows your car, rent one for the day). Make note of whatever car he drives (make, model, license plate). Follow to see where he works. Maybe do this on a Friday so you can hopefully find where he banks.

    Then go back to the court or a local Sheriff or Marshal (they are usually responsible for collecting on judgements). And file the paperwork to repo the car, garnish the bank accounts and salary, etc.
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
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    #6

    Oct 9, 2006, 09:49 AM
    You might check with a local clerk of courts to see if knowing where he banks is good enough to attach a bank account. It may be that you'd need the account number to effect an attachment of it.

    The employer should be the easy one to get - and once you learn it, a wage garnishment is just a matter of filing a bit of paperwork at the courthouse.
    Michele292's Avatar
    Michele292 Posts: 10, Reputation: 2
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    #7

    Oct 9, 2006, 10:16 AM
    Thank you both so much. I will pursue this!
    beautifuldiva's Avatar
    beautifuldiva Posts: 79, Reputation: 8
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    #8

    Oct 9, 2006, 10:21 AM
    Oooh OK.. well I was just thinking that it might be possible.. I LOVE judge Millian... lol and I watch it all the time.. but I was watching a case over unpaid child support... that could be the reason she said he would have to go to jail... Because she said that all she would have to do is go back to the court house and let them know.. he would be taken into custody... But I see how there is a difference between this and unpaid child support.. lol

    OK lol this was driving me nuts so I looked it up! Lol And I knew you guys were right, but I just wanted to see if there was ANYTHING she could do and I found this

    http://www.lectlaw.com/files/civ05.htm

    This says everything Rick and Scott were saying but in like full detail
    LUNAGODDESS's Avatar
    LUNAGODDESS Posts: 467, Reputation: 40
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    #9

    Oct 9, 2006, 11:10 AM
    You need to know his bank account number and he is not obilgated to give it to you... place a lien on everything he owes... that includes and vehicle... get the plate number... ask to court for help...
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #10

    Oct 9, 2006, 12:04 PM
    There are companies that buy judgment, if you are interested in selling them. Type search in Google, " we buy judgemnts" there are many.

    Just a thought if you don't want to chase him down.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #11

    Oct 9, 2006, 12:06 PM
    Quote Originally Posted by beautifuldiva
    oooh ok.. well I was just thinking that it might be possible.. I LOVE judge Millian... .. but I was watching a case over unpaid child support.... that could be the reason she said he would have to go to jail...
    Yes, the court can order jail for someone delinquent on child support. That's because the court ORDERED the support, its not a judgement for the plaintiff. So a person not paying child support is in contempt of court.

    By the way, as I understand it, those people adjudicating before Judge Judy, Judge Millian and others usually get their judgements paid by the show. That's the advantage of doing it. But they also sign away their appeal rights. The judge's decision is final.

    Quote Originally Posted by beautifuldiva
    OK lol this was driving me nuts so i looked it up! lol And I knew you guys were right, but I just wanted to see if there was ANYTHING she could do and I found this

    http://www.lectlaw.com/files/civ05.htm

    This says everything Rick and Scott were saying but in like full detail
    That's a great find. Really lays it in easily understandable language.
    beautifuldiva's Avatar
    beautifuldiva Posts: 79, Reputation: 8
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    #12

    Oct 9, 2006, 01:43 PM
    Ya.. it got me curious as well because I wanted to understand myself. It made it really simple and to the point

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