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Collecting on a small claims judgement

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Collecting on a small claims judgement

Old 01-20-2020, 04:12 AM
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Originally Posted by Mak232 View Post
So got judgement in your favor but no money yet???
Correct.

Originally Posted by Mak232 View Post
how long ago was judgement ?
December 17th, 2019

Originally Posted by Mak232 View Post
Was there a time frame set by courts for payment ???
Judgements only specify a) which party the court ruled in favor b) the amount, and c) timeframe for filing an appeal. Judgements do not specify anything (including timeframe) having to do with payment.

There was no filing for an appeal and the time frame (30 days) to do so has lapsed. So an appeal is not applicable.

Old 01-20-2020, 04:17 AM
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Originally Posted by Brad1 View Post
Correct.



December 17th, 2019



Judgements only specify a) which party the court ruled in favor b) the amount, and c) timeframe for filing an appeal. Judgements do not specify anything (including timeframe) having to do with payment.

There was no filing for an appeal and the time frame (30 days) to do so has lapsed. So an appeal is not applicable.
would send certified letter that have to sign for requesting payment on judgement , and if don’t get judgement augment would take them back to small claims court with your original judgment from first case...

are we talking $100’s ,couple $1,000’s or Many $1,000’s on the judgement ???
Old 01-20-2020, 04:27 AM
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Originally Posted by Mak232 View Post
would send certified letter that have to sign for requesting payment on judgement , and if don’t get judgement augment would take them back to small claims court with your original judgment from first case...

are we talking $100’s ,couple $1,000’s or Many $1,000’s on the judgement ???
Thanks. But again. It's already been through small claims court and there's been a judgement. Cases do not go back through small claims court.

I appreciate the suggestions, but I'm really looking to hear from those that have actually collected on a settlement and what they did in order to collect.

BTW, the fact that it went through small claims court tells you all you need to know regarding the amount.
Old 01-20-2020, 04:29 AM
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Originally Posted by bjm9818 View Post
You need to attach a Lien against his house. About the only way you may get paid when he dies or sells the home. Don’t forget to renew it every X years as required
This is what a friend of mine did. I delivered one of the subpoenas. That was an interesting experience.
Old 01-20-2020, 04:40 AM
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Originally Posted by Brezinup View Post
This is what a friend of mine did. I delivered one of the subpoenas. That was an interesting experience.
So that would mean you're either with the Sheriff's department or a constable, correct?

Do you happen to know how your friend initiated the process?

Thanks
Old 01-20-2020, 04:49 AM
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Originally Posted by Brad1 View Post
So that would mean you're either with the Sheriff's department or a constable, correct?

Do you happen to know how your friend initiated the process?

Thanks
No, actually at the time, over 30 years ago, the sheriff's office charged $25 to deliver the subpoenas and there were two of them, one for the wife and the other for the husband. So my wife and I helped them out.
I really don't know what was involved in attaching the lien to their house and I've lost touch with them many years ago. Sorry.
Old 01-20-2020, 05:07 AM
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I've been through this many times for nonpayment of account.

In a couple cases I represented myself (my company) and won the judgement hands down. Most of the time the scumbags don't even show up for court.

In Pa. the next step is to pay a fee to the sheriffs department to execute the judgement usually around $2-300. After they take their good ole time about it they come back and claim the defendant doesn't own any assets they could confiscate. They also can't take his basic tools that allow him to earn a living. Somewhere around $500 +-.

The whole thing is a sham here in Pa. As far as the lien goes; I can only file a lien within 90 days of the last time i supplied materials to a job but you have to give 30 days written notice. So essentially you have 60 days to file. The 60 day window is tough as you might deem the account still collectible. If you file you will never do business with that entity again. It's a catch 22 as sometimes these guys just get jammed but are still willing to work it out. It's too late once you file the lien which typically goes nowhere anyhow and the next scumbag competitor takes that business smiling.

I realize this is not the same as your situation but it is a stark reality of our legal system. I've had some bad contractors do work for me and the only reasonable recourse is to just get the word out. I'm a firm believer that what comes around goes around.
Old 01-20-2020, 05:22 AM
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Good luck had some in Florida small claims court . Never collected a dime. I finally quit wasting my time and money getting them cause they weren’t worth the paper they were written on.

if he’s a licensed contractor in Florida you May go to the state and see if you can effect his license somehow.
Old 01-20-2020, 06:02 AM
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OJ Simpson is the perfect example of someone who was sued, lost a judgement for millions of dolllars and has probably paid less that 10k....

Not much out there to enforce a loser in a civil judgement to pay up.
Old 01-20-2020, 06:05 AM
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Originally Posted by Garett View Post
That means absolutely nothing! If the defendant doesn't want to pay there doesn't seem like there is a force in place to make it happen.
This is the truth. If someone is dishonest, you will never collect. If he was honest, you would have not needed to go to court. I would bet he has more that one unsatisfied judgments. Yours is just one of them. You can waste a lot of time and resources trying to collect and never get anything except more aggravation or you an move on. From experience, I recommend moving on.
Old 01-20-2020, 06:09 AM
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I sued a guy (small claims) over a car title that Tallahassee screwed up the year of the vehicle on. Car was 1982, he sold it as 1984.
I got a $2000. judgement for the difference in value.
In typical legal fashion, they create more questions than solutions to the issue!
No enforcement options, just the judge patting himself on the back for another fine decision!
In my case I did get lucky. A year later the guy tried to refi his house and he could not do it because of the judgement against him effecting his credit.
He called me with the money and offered to meet me with it at the courthouse to cancel the judgement.
In your situation, I would contact the state licencing board and maybe at least file a complaint with them.
When all else fails report to IRS if you know of any misdeeds!
Old 01-20-2020, 06:18 AM
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Hire a debt collector. They can mark his credit. I’ve done this and still never saw a penny. But it will affect him when he needs a loan or a bond. The fee comes out of what he owes you. They don’t collect they don’t get a dime.
Old 01-20-2020, 07:04 AM
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Yeah, a lot of posts here seem to corroborate what I've been reading on line about collecting on a settlement. Looks like I've got my work cut out for me. Oh well, it's MLK day so I can't even get started until tomorrow.



Old 01-20-2020, 07:07 AM
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Once you got the judgement, provided BOTH his business and personal name were listed as defendants, that judgement will populate to his public records section of his credit report. There’s a “chance” that could impact his ability to refinance his home.
If it were me, I would slap a lien on his house too and then go on with your life.
Eventually something has to give.
Old 01-20-2020, 07:11 AM
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Your judgement is probably against his company so you can't go after him, personally. How much is the judgement? It looks like in Allegheny County, the max is $12k. If your claim is towards the upper end, definitely pursue. Your best bet is to start with the licensing board, either his contractor's or business.
Old 01-20-2020, 07:18 AM
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I would pursue going after his license, assuming he's actually a State licensed General Contractor. The State licensing board frowns very highly on unscrupulous contractors. They can put more pressure on him than anyone else.
Old 01-20-2020, 07:32 AM
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Originally Posted by t84a View Post
Your judgement is probably against his company so you can't go after him, personally. How much is the judgement? It looks like in Allegheny County, the max is $12k. If your claim is towards the upper end, definitely pursue. Your best bet is to start with the licensing board, either his contractor's or business.
Yes it is against his company. It's a lot less than $12,000, but I plan on pursuing every avenue available. It's a matter of principle and I will not stop until I am satisfied. Even if in the end I just break even.
Old 01-20-2020, 07:36 AM
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This law is very state specific. So you need to to check your state law.

I would check first with the organization that licenses contractors in your state to see if they have some sort of “client security fund” and, if so, if it could apply to you. In Florida you have to get a certified copy of the judgment and record it in the public records. The judgment itself may not be a valid lien until you record a certified copy. But that’s Florida law.

There are lawyers that specialize in collecting judgments. But you either need to pay them by the hour, or give them a percentage
Old 01-20-2020, 07:41 AM
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Originally Posted by KBH View Post
I would pursue going after his license, assuming he's actually a State licensed General Contractor. The State licensing board frowns very highly on unscrupulous contractors. They can put more pressure on him than anyone else.
I contacted the state attorney general's office, but only after I had filed in small claims courts. Since there was pending litigation in small claims court, the state attorney general would not investigate. However, now that there is a judgement, I plan to once again contact the state attorney general's office. It may not accomplish anything, but they need to know there is a contractor that is ripping people off. When the contractor was quitting the job (after barely doing any work) he informed me that he was not refunding the money he accepted from me (for slightly over half the job), he said "You can take me to court, but others have and they couldn't get anything from me because I don't have any money in my bank account and I don't have any credit". But I see (from his facebook page) that he has jobs in progress so I know he has cash flow. I have found one other individual that he has done this same thing to.

So I plan on pursing as to the greatest extent that I legally can.
Old 01-20-2020, 07:44 AM
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went through kind of the same thing this year with some car parts. guy was blowing me off until I hit the BBB about it.

suddenly he wanted to talk about how to make this right. may or may not help you but worth a shot.

can also start looking at potential contractor fraud laws. I know you have the judgement, so keep after him.

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