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Collecting on a small claims judgement

Old 01-21-2020, 07:56 PM
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Originally Posted by Brad1 View Post
So I went to the magistrate's office this morning. They provided me with a certified copy (ie. their seal impregnated) of the judgement. I now have to take that to the county courthouse to have recorded. At that time, they will provide me with a case number. If I do nothing more, it will hit his credit in 30 days. However, if I so chose, I can walk over to the sheriff's office with the case number and get a writ of execution, at which point the sheriff's department takes further steps in order to obtain what is owed. I expect to find out more about the writ of execution when I visit the sheriff's office several days from now.

Old 01-21-2020, 08:06 PM
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Originally Posted by mikeloew View Post
LOL I think the contractor picked the wrong guy to screw. I am always happy to read about guys like you that go the extra mile when they have been wronged. Hope you get 100% of what's owed to you.

Years ago I had a guy with no insurance hit my car, I was awarded a judgement and the guy literally laughed in my face. Years later I get a call and barely remembered the accident. The guy was buying a house and was begging me to settle as the mortgage company would not approve his loan with an outstanding judgement. Remembering the laughing in my face I told him no bargaining, full judgement, and we took our sweet time with depositing his check and signing off that the judgment was satisfied. The only drawback was not getting to laugh in his face in the end.
me too. I hope he seizes the guys trucks then bangs the guy wife in one and send one of those slo mo selfies
Old 02-11-2020, 02:34 PM
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Just a follow up since my last update. Went to the county two weeks ago to have the certified copy of the judgement (from the local magistrate) recorded with the county. That will go against the contractor's credit. Takes 30 days to go against his credit from the date the judgement was recorded. That step cost me $69. Next step was to get a writ. That is also through the county. That cost $41. You need a writ in order to file for a writ of execution with the county sheriff. Last week I got the writ, then walked over to the county sheriff to file a writ of execution for garnishment. The writ of execution for garnishment cost $150. What it does is freeze the contractor's bank account and takes the judgement amount from it and sends it to me. If that doesn't work, the next step is a writ of execution of levy which is how you get the sheriff's office to seize (and sell) assets in order to get your money. That cost $250. But I'll wait to see if the writ of execution for garnishment gets my money before I take it any further.
Old 02-11-2020, 02:55 PM
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Who's the contractor?
Old 02-11-2020, 04:24 PM
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Originally Posted by Brad1 View Post
Just a follow up since my last update. Went to the county two weeks ago to have the certified copy of the judgement (from the local magistrate) recorded with the county. That will go against the contractor's credit. Takes 30 days to go against his credit from the date the judgement was recorded. That step cost me $69. Next step was to get a writ. That is also through the county. That cost $41. You need a writ in order to file for a writ of execution with the county sheriff. Last week I got the writ, then walked over to the county sheriff to file a writ of execution for garnishment. The writ of execution for garnishment cost $150. What it does is freeze the contractor's bank account and takes the judgement amount from it and sends it to me. If that doesn't work, the next step is a writ of execution of levy which is how you get the sheriff's office to seize (and sell) assets in order to get your money. That cost $250. But I'll wait to see if the writ of execution for garnishment gets my money before I take it any further.
thank you for updating us! good luck
Old 02-11-2020, 04:25 PM
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I wouldn’t state the contractors name here.
No way.
Old 02-11-2020, 04:42 PM
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https://answers.uslegal.com/real-property/liens/16263/
Old 02-11-2020, 04:45 PM
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https://www.pghfirm.com/blog/5-steps...n-pennsylvania
Old 02-11-2020, 04:57 PM
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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.

^^^^^ THIS ^^^^^^ Check with your state board that license contractors. May not be the case in all states, but in FL, if the claim/judgement arises from work being performed or contracted for, the state will make it very difficult on him and get you paid. If the claim/judgement is for something other than work being performed as a contractor or contracted for, but he is a licensed contractor, they are still worth contacting, but will probably be of less assistance. Don't know the case behind your judgement, but in FL (some states differ), if the contractor takes a deposit and then never starts a job, they will be charged criminally as well.
Old 02-11-2020, 05:37 PM
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Originally Posted by Diverboy View Post
^^^^^ THIS ^^^^^^ Check with your state board that license contractors. May not be the case in all states, but in FL, if the claim/judgement arises from work being performed or contracted for, the state will make it very difficult on him and get you paid. If the claim/judgement is for something other than work being performed as a contractor or contracted for, but he is a licensed contractor, they are still worth contacting, but will probably be of less assistance. Don't know the case behind your judgement, but in FL (some states differ), if the contractor takes a deposit and then never starts a job, they will be charged criminally as well.
My judgement is for work that was to be performed (by a contractor), but wasn't. He blatantly ripped me off. Even stated as he was leaving the job "Go ahead and take me to court. Other's have tried, but since I don't have any money or any credit, they haven't been able to get anything from me." Unfortunately, the state of Pennsylvania is of no use. I submitted a complaint to the state attorney general's office, but since my case was pending civil (ie. small claims) court, they responded that they would not do anything. After I received the response from the state attorney general, the hearing took place and the judgement was 100% in my favor.

Now I'm seeing exactly what the contractor meant. This state, and county are useless. They want every penny they can squeeze out of you, but when it comes to them having to lift a finger to help their residents, they're totally useless. I don't know what's worse, contractors that rip people off, or the state and county government.

And no, I'm not naming the contractor.
Old 02-11-2020, 05:51 PM
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Hire a debt collector to annoy the ever living shit out of him. He’ll pay.
Old 02-11-2020, 06:10 PM
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the guy already told him he does not have money or credit, so he just cashes the checks and works with cash or just deals with cash, so will be hard to garnish anything from him
Old 02-11-2020, 06:47 PM
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Originally Posted by 99yam40 View Post
the guy already told him he does not have money or credit, so he just cashes the checks and works with cash or just deals with cash, so will be hard to garnish anything from him
court ordered bank account levy.
Old 02-11-2020, 06:47 PM
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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
I did exactly that when a guy hit my wife's car and small claims found him guilty but that was many, many years ago. He never paid so I put a lien on his car and hired a repo man. His insurance contacted me within a week and got paid including repo fees.
Old 02-12-2020, 08:58 PM
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What state? I’m in Texas. First make sure you file an abstract of judgment in your county and all the adjoining counties. Second research how to collect a judgment in your state.
in Texas we can get a writ of execution which orders the sheriff or constable to go make demand for the judgment amount and if possible, seize or levy on, any non exempt personal property and sell it at a public auction to recover your money. If they have none to levy on, then you have a judgment against him and his estate . In Texas the judgment is good for ten year and can be extended if you attempt to collect using a writ of execution or writ of garnishment but this is Texas . Contact the sheriffs office and ask for the civil division and ask who does judgment collection or writs.
Old 02-13-2020, 03:29 AM
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Originally Posted by Brad1 View Post
Just a follow up since my last update. Went to the county two weeks ago to have the certified copy of the judgement (from the local magistrate) recorded with the county. That will go against the contractor's credit. Takes 30 days to go against his credit from the date the judgement was recorded. That step cost me $69. Next step was to get a writ. That is also through the county. That cost $41. You need a writ in order to file for a writ of execution with the county sheriff. Last week I got the writ, then walked over to the county sheriff to file a writ of execution for garnishment. The writ of execution for garnishment cost $150. What it does is freeze the contractor's bank account and takes the judgement amount from it and sends it to me. If that doesn't work, the next step is a writ of execution of levy which is how you get the sheriff's office to seize (and sell) assets in order to get your money. That cost $250. But I'll wait to see if the writ of execution for garnishment gets my money before I take it any further.
Brad, I am not 100% sure but I think you are also entitled to all the court filing charges if and when you collect. Maybe keep the receipts.
Old 02-13-2020, 05:53 AM
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Originally Posted by 99yam40 View Post
the guy already told him he does not have money or credit, so he just cashes the checks and works with cash or just deals with cash, so will be hard to garnish anything from him
There is always the final strike! Report to IRS that you think he is under reporting.
Old 02-13-2020, 06:28 AM
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Originally Posted by mikeloew View Post
Brad, I am not 100% sure but I think you are also entitled to all the court filing charges if and when you collect. Maybe keep the receipts.
The $119.35 fee for filing in small claims court is indeed included in the judgement amount. So I know I am entitled to that.

As far as the fees with the county (recording, $69, writ, $41, writ of execution for garnishment, $150) I'm not so sure about.
Old 02-13-2020, 06:33 AM
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Originally Posted by TxGunslinger View Post
What state? I’m in Texas. First make sure you file an abstract of judgment in your county and all the adjoining counties. Second research how to collect a judgment in your state.
in Texas we can get a writ of execution which orders the sheriff or constable to go make demand for the judgment amount and if possible, seize or levy on, any non exempt personal property and sell it at a public auction to recover your money. If they have none to levy on, then you have a judgment against him and his estate . In Texas the judgment is good for ten year and can be extended if you attempt to collect using a writ of execution or writ of garnishment but this is Texas . Contact the sheriffs office and ask for the civil division and ask who does judgment collection or writs.
I'm in Pennsylvania. I've already done the research. Two potential types of writs. One is for garnishment ($150 fee) and the other is for levy ($260 fee). Garnishment freezes their bank account and takes the funds necessary to cover the judgement amount. Levi seizes assets and sells them at a sheriff's sell and the proceeds are used to pay the judgement amount. Note that levy does not automatically include motor vehicles. It can, but that requires even additional process and fees. I went with garnishment first since it was the least expensive. Waiting to see how that goes. If that doesn't work, then I'll take it to the next level.
Old 02-13-2020, 06:34 AM
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Originally Posted by Stim View Post
There is always the final strike! Report to IRS that you think he is under reporting.
The thought has occurred to me. However, I want to get my money first. Lol.

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