Collect Judgement

[d00762425]

Hi,
I won the case at the small claim court against the auto repair shop. So now I have been trying to collect the judgement but no success. The guy claimed that he doesn't have enough money and ask for payment $150 per month in next 2yrs but the court denied.

So my question is that... can i request to collect the judgement upon the business properties? even though he claimed to the court that he sold the business to his brother-in-law which I sued both of them. What are step of action that i need to do to speed thing up?

This is a car purchase nightmare and I haven't had a car to get to work for the last 6 months.

Thank you,

 

[jharris352]

You didn't give enough information about what you have already tried. You say the court denied you 150 a month? Have you tried to garnish their bank account?

 

[d00762425]

The guy asked the court to make payment upon the judgement that I won and court denied that. I had try to garnish their bank account but only $10 in the account. I know the guy business is buying salvage cars, fix, and resell.
Can I collect those car as part of my judgement?

 

[army judge]

The guy asked the court to make payment upon the judgement that I won and court denied that. I had try to garnish their bank account but only $10 in the account. I know the guy business is buying salvage cars, fix, and resell.
Can I collect those car as part of my judgement?

You can't collect the cars.
You can have the sheriff seize a couple of cars to force him to pay you.
If he fails, you can auction the cars to satisfy the judgment.
Good luck....

 

[d00762425]

Thank you for your help.

If I can't auction the cars, do you know any other ways to collect? what would you do differently if you in my situation?

 

[army judge]

Thank you for your help.

If I can't auction the cars, do you know any other ways to collect? what would you do differently if you in my situation?

You can try to discover what assets the business has.

If they have a tow truck, it can be seized.

If they have tools, they can be seized.

If you know they make a sale on a certain date, you can be there and have the sheriff seize the cash or the check from the sale.

How much was the court judgment?

The guy appears to have less than you.

Small claims court don't work like they do on television.

You get a piece of paper, not cash.

You then have to TRY and collect that judgment.

There are probably lawyers or people in your area that can collect that judgment for you.

They know how to do it.

I have a business in my area (Texas) that collects judgments for law firms.

I usually charge between 20-30% of what I collect.

If I fail, I get nothing.

You might see if someone will do this for you.

If your judgment is for $2000, they might want $400-500 to collect it.

Yeah, you get $1600-1500, but they do all the work.

Think of it this way, 80% of a something is better than 100% of a judgment you can't collect!

 

[Michael Wechsler]

Army Judge is 100% on base with this one. This is the irony of small claims courts - you win a judgment but then leave it to you to try to collect. A firm will take 20-30% of what is recovered (and potentially more) - unfortunately it can cost money to do these things, especially when you're trying to get money from someone who has questionable practices of making money (which I'm sure are all reported to the IRS.)