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Originally Posted by excon

Hello again robyn:

I thought you were on the way.... By the way, Mr. Excon was my dad. I'm just plain ol excon.

Yes, I'm assuming your documents are the same as those in the courthouse. Of course, something could be in the mail. That's why you need to LOOK. The courthouse file is the "official file". What's in there, is what's happened.

By the way, the 3rd was 3 days ago. Did you get paid?

As an interesting aside. I have never seen a judgment that gave a PAY BY date. The only judgments I've seen are those that award PAYMENT - period. Soooo, I'm wondering if you even HAVE a real judgment....

excon

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Well, I went to the courthouse and the only thing different was the motion scheduled for hearing on 12/20.

I will write verbatum what we received from the court, I'm pretty sure it is a real judgement:

On the above claim, after trial by a magistrate, the Court has entered JUDGEMENT IN FAVOR OF THE PLAINTIFF(s) listed above (that's us)

The defendant(s) must pay the plaintiff(s) the "judgement total" shown below, plus additional postjudgement interest under General Laws c. 235 ss 8 at the "Annual Interest Rate shown below from the "Date Judgement Entered" shwon below until the date of payment. The defendant(s) is required by law to pay the plaintiff(s) that total amount. Unless the defendant(s) failed to appear, the defendant(s) has a right to appeal within 10 days after receiving notice of this judgement. See the enclosed instructions for additional information.
The Court also issued a PAYMENT ORDER ordering the defendant(s) to pay the total amount by 12/03/07.

The Court also scheduled this matter for a next event on the date shown above, at which both parties must appear unless excused. the defendant(s) is subject to arrest for failing to appear See enclosed instructions.

I'm assuming that is a judgement. At least I hope so.

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Originally Posted by robyngar

I'm assuming that is a judgement. At least i hope so.

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Hello agan, robyn:

Sounds like one. Did you visit the bailiff?

excon

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Originally Posted by excon

Hello agan, robyn:

Sounds like one. Did you visit the bailiff?

excon

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I was told by a lawyer to file an application for supplimental process. She will be served

How does that work, do you know?

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Originally Posted by robyngar

I was told by a lawyer to file an application for supplimental process. She will be served

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Hello again, robyngar:

She'll be served WHAT, and by WHO, ordering her to do exactly WHAT??

I thought you were headed to the courthouse... Where did you run into a lawyer? Look, if you don't go get your money, you're not EVER going to get it...

The term "supplemental process" is just lawyer speak designed to separate you from your money...

Did you take your judgment to the constable?? Did HE tell you that HE needs some supplemental process before he can be hired??

The ONLY supplemental process that MIGHT be required in your jurisdiction would be an "execution of judgment". That's not something she needs to be served with, though. Ask your newfound fancy schmancy lawyer if THAT'S what he means. If not, ask him what the hell he's talking about. AND, why don't you hire him to do it for you? You can afford it, treble damages and all.

excon

PS> No, I'm not mad at you. I'm just cranky...

I gather she didn't make the 12/3 deadline. When is the next scheduled event mentioned? What was the purpose for that?

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Originally Posted by excon

Hello again, robyngar:

She'll be served WHAT, and by WHO, ordering her to do exactly WHAT?????

I thought you were headed to the courthouse...... Where did you run into a lawyer? Look, if you don't go get your money, you're not EVER going to get it......

The term "supplemental process" is just lawyer speak designed to separate you from your money....

Did you take your judgment to the constable???? Did HE tell you that HE needs some supplemental process before he can be hired??????

The ONLY supplemental process that MIGHT be required in your jurisdiction would be an "execution of judgment". That's not something she needs to be served with, though. Ask your newfound fancy schmancy lawyer if THAT'S what he means. If not, ask him what the hell he's talking about. AND, why don't you hire him to do it for you? You can afford it, treble damages and all.

excon

PS> No, I'm not mad at you. I'm just cranky...

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WOW!! You really are cranky... ugh... heck, I don't know the ins and outs of the law... went to the courthouse to get that application and they said it would be a waste of money and time being that we have to be in court on the 20th anyhow to see if they will hear the ex's "motion to vacate" bs... I hope they laugh her out of there... I really would like to put a beating on this woman... anyhow.. I will have husband call the "constable" or whatever they are tomorrow... I want my good money

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Originally Posted by ScottGem

I gather she didn't make the 12/3 deadline. When is the next scheduled event mentioned? What was the purpose for that?

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i'm assuming that rather than have to come back on the 27th (which was when we were to come back for payment process) we will do that on the 20th. Honestly, i'd like to hire someone to get my money AND break her knees

so we went back to court, she was ordered to pay us by THURSDAY and hasn't. I did call a constable but he said i had to get a "reason so show cause" and file that before he could go and collect our money....????? I think the "justice" system is more for the crooks...it's amazing that this can just not pay us and get away with it....so i went to the courthouse to file a "reason to show cause"...now what???:mad:

Was she at the hearing? I don't understand this show cause order. What you need is a garnishment order attaching some asset, either salary or a bank acount or something else tangible. The court issues the order and the constable or a sheriff or similar then enforces it. This could be serving the job or bank or physically seizing the asset.

I don't think it is a re-trial. I think it will be a trial de novo - meaning a WHOLE NEW trial probably in front of a real judge where she will present her evidence and witnesses.

You need to be prepared and have an attorney if possible and if they are permitted.

An order to show cause is not a re-trial or a trial de novo. It is an order addressed to the ex-landlord to show why the constable should not seize her assets to satisfy the judgment. Basically it is one last chance for her to pay before the constable starts taking her assets. During the hearing she is not entitled to present any defense to the underlying claim. She has already lost the case and now the issue is how she will satisfy the judgment.

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Originally Posted by LisaB4657

An order to show cause is not a re-trial or a trial de novo. It is an order addressed to the ex-landlord to show why the constable should not seize her assets to satisfy the judgment. Basically it is one last chance for her to pay before the constable starts taking her assets. During the hearing she is not entitled to present any defense to the underlying claim. She has already lost the case and now the issue is how she will satisfy the judgment.

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What if I filed a writ of execution before she got notice to show cause? I can't even tell you how sick and tired I am of her jerking us around. It amazes me that after she's been ordered TWICE to pay she still hasn't. Maybe I should have just filed a writ in the first place?

I'm not familiar with the standard procedures for collection but it's definitely worth a try. Go for it!

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Originally Posted by ScottGem

Was she at the hearing? I don't understand this show cause order. What you need is a garnishment order attaching some asset, either salary or a bank acount or something else tangible. The court issues the order and the constable or a sheriff or similar then enforces it. This could be serving the job or bank or physically seizing the asset.

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yes, we had a second hearing because she wanted the first judgement vacated, that didn't happen, the magistrate basically told her that she lost and she had to pay. So of course, she cried poor and he set up a payment plan. She had to pay us $700 by last Thursday (which she didn't) and the $75 a month until the rest was paid off. Well since she didn't pay us the $700 by Thursday I called a constable but he said I had to first file a "notice to show cause" which I did. Now I assume it's just a waiting game? Do we have to go back to court AGAIN?? I should have filed a writ and gotten it over with. I'm SO frustrated

Since you already filed the "notice to show cause" you'll have to wait for that to be heard.

Why don't you try calling the court clerk and ask them what your options are for collection?

on a sidenote, she has $1,400 of our money (supposedly) in a seperate bank account (our security deposit, the one that she never sent copies of). When we moved in we paid her $700 up front and paid the rest off monthly until it was paid off. When we took her to court we sued her for only 3x's the $700 because i (idiot) totally forgot about paying the sec deposit off. So basically could we have gone to civil court and sued her for 3x's $1,400? I'm just wondering....

Yes, you could have.

I will do that, it's just aggrevating that i have to go through all of this when she was in the wrong. :mad:

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Originally Posted by LisaB4657

Since you already filed the "notice to show cause" you'll have to wait for that to be heard.

Why don't you try calling the court clerk and ask them what your options are for collection?

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is it too late to do that?

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Originally Posted by LisaB4657

Yes, you could have.

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