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Collecting on a small claims judgement

Old 01-19-2020, 09:17 PM
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Default Collecting on a small claims judgement

Contactor tried to rip me off. Took him to small claims court and the judgement was in my favor. Now I need to collect. Anyone been in this situation and have any advice?
Old 01-19-2020, 09:23 PM
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Originally Posted by Brad1 View Post
Contactor tried to rip me off. Took him to small claims court and the judgement was in my favor. Now I need to collect. Anyone been in this situation and have any advice?
attach his house. EZ PZ
Old 01-19-2020, 09:27 PM
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Originally Posted by STEELA View Post
attach his house. EZ PZ
My first choice would be to get cash.
Old 01-19-2020, 09:28 PM
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A friend of mine won a claim yet never got a red cent out of the guy. And get this, the guy got the cops involved and the courts because he claimed my friend was stocking him and harassing him by constantly taking him to court. hahahahahaha Hey, the guy got a ruling from the judge on it too. Jim never did get a dime out of him.
Old 01-19-2020, 09:41 PM
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Courts suck, and IMO judges couldn't care less if a guy with money is going after a guy without money (the assumption being that the defendant is too poor to pay) Not sure that attorney fees can be added to the judgement for collection purposes, so you might pay more to collect than what you get from the action. Wish I had a plaintiff-favorable example to share with you.

If the contractor is working under a DBA, then I say forgetaboutit, since he probably deals in cash and doesn't have assets in his name that are worth touching.
Old 01-19-2020, 09:47 PM
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Old 01-19-2020, 09:48 PM
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Originally Posted by bamaboy473 View Post
Courts suck, and IMO judges couldn't care less if a guy with money is going after a guy without money (the assumption being that the defendant is too poor to pay) Not sure that attorney fees can be added to the judgement for collection purposes, so you might pay more to collect than what you get from the action. Wish I had a plaintiff-favorable example to share with you.
Don't think this guy doesn't have the means. He's got a contracting business with a couple new vans and a couple crews and seems to have alot of business.
Old 01-19-2020, 09:54 PM
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Originally Posted by Brad1 View Post
Don't think this guy doesn't have the means. He's got a contracting business with a couple new vans and a couple crews and seems to have alot of business.
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.
Old 01-19-2020, 09:58 PM
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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.
Do you have actual experience as far as this goes, or is this just camp fire chit chat?
Old 01-19-2020, 10:06 PM
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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
Old 01-19-2020, 10:13 PM
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Originally Posted by Brad1 View Post
Do you have actual experience as far as this goes, or is this just camp fire chit chat?
Yeah, SADLY, one that cost Me well over a quarter million dollars! .................................................. ....

Old 01-19-2020, 11:22 PM
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Call the state attorneys office. Had a guy drive into parents house years ago. Got a judgement and went to the State attorney and they were very helpful. Got paid every dime he owed but it took time and it was a pain in the ass.
Old 01-19-2020, 11:36 PM
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Brad, if your a very young guy in excellent health you have a chance, cause it could take a very long time. It’s been my experience a judgement isn’t worth the paper it’s printed on. At best it may give the defendant a black eye on his financial record..
Old 01-19-2020, 11:59 PM
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I am not sure what you could get and it would depend on what kind of judgement you have and how sound it is, but you could look into a factoring company and try selling it off to them

you will probably be lucky to get 25% to 33% though
Old 01-20-2020, 01:48 AM
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Need more info than just, Got ripped off by scumbag contractor...... What exactly happened? Need more info.

In the Blind...

All depends on which state and judicial circuit this all took place in to start.

Secondly, unless you worked on or contracted work out to complete a GC contract with the owner of the structure you have no right or interest in said property.
For a mechanical lien to be levied against a piece of real estate/structure you must have endured financial OOP cost, expenses &/or damages, whether it be in cash, goods, labor, expenses and/or but not limited to tangible items related to said real estate/structure &/or fulfilling a "work" contract.
Hence: "Mechanical Lien".
Key elements have to be present and proven before you can get a judgement and from what I know of our civil circuit system what happened between the 2 of you had NOTTA to do with his house but then again we don't have any facts about what happened, so.......

What were your "Real" financial loses due to the issues?

In Florida you can get a judgement but that doesn't mean your getting paid.

Do it THT style, Burn his house Down & tag his wife!
Old 01-20-2020, 01:50 AM
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Originally Posted by Insider View Post
I am not sure what you could get and it would depend on what kind of judgement you have and how sound it is, but you could look into a factoring company and try selling it off to them

you will probably be lucky to get 25% of 33% of 100% though
fify
Old 01-20-2020, 02:04 AM
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If he is a licensed contractor, most states have a bond fund for contractor claims. You may wish to explore the steps to make a bond claim. If there is one and he is licensed, a claim can be paid, as there is a monetary source from the bond pool.
Old 01-20-2020, 03:05 AM
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Originally Posted by Riptied View Post
Need more info than just, Got ripped off by scumbag contractor...... What exactly happened? Need more info.

In the Blind...

All depends on which state and judicial circuit this all took place in to start.

Secondly, unless you worked on or contracted work out to complete a GC contract with the owner of the structure you have no right or interest in said property.
For a mechanical lien to be levied against a piece of real estate/structure you must have endured financial OOP cost, expenses &/or damages, whether it be in cash, goods, labor, expenses and/or but not limited to tangible items related to said real estate/structure &/or fulfilling a "work" contract.
Hence: "Mechanical Lien".
Key elements have to be present and proven before you can get a judgement and from what I know of our civil circuit system what happened between the 2 of you had NOTTA to do with his house but then again we don't have any facts about what happened, so.......

What were your "Real" financial loses due to the issues?

In Florida you can get a judgement but that doesn't mean your getting paid.

Do it THT style, Burn his house Down & tag his wife!

isnt a mechanics /mechanical lien normally filed by the contractor or mechanic against the one they did the work for ????? Ex: they fixed the boat but then didn’t pay for repairs, so repair facility takes out a mechanics lien on boat they worked on.....

depending on state, file a complaint with licensing agency in the state. Without to much info what’s the general gist of what the issue is, rough amount ????
Old 01-20-2020, 03:32 AM
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Originally Posted by Riptied View Post
Need more info than just, Got ripped off by scumbag contractor...... What exactly happened? Need more info.

In the Blind...

All depends on which state and judicial circuit this all took place in to start.

Secondly, unless you worked on or contracted work out to complete a GC contract with the owner of the structure you have no right or interest in said property.
For a mechanical lien to be levied against a piece of real estate/structure you must have endured financial OOP cost, expenses &/or damages, whether it be in cash, goods, labor, expenses and/or but not limited to tangible items related to said real estate/structure &/or fulfilling a "work" contract.
Hence: "Mechanical Lien".
Key elements have to be present and proven before you can get a judgement and from what I know of our civil circuit system what happened between the 2 of you had NOTTA to do with his house but then again we don't have any facts about what happened, so.......

What were your "Real" financial loses due to the issues?

In Florida you can get a judgement but that doesn't mean your getting paid.

Do it THT style, Burn his house Down & tag his wife!
Why are you saying "before you can get a judgement"? I already stated in my initial post that there has been a judgement. That part of the process is complete. The final outcome was in my favor. And you can see what state I live in. I'm a homeowner and I hired the contractor to do the work directly, but I don't see why that has any bearing on the situation.
Old 01-20-2020, 03:42 AM
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Originally Posted by Brad1 View Post
Why are you saying "before you can get a judgement"? I already stated in my initial post that there has been a judgement. That part of the process is complete. The final outcome was in my favor. And you can see what state I live in. I'm a homeowner and I hired the contractor to do the work directly, but I don't see why that has any bearing on the situation.
So got judgement in your favor but no money yet??? how long ago was judgement ???? Was there a time frame set by courts for payment ???

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