Sued friend and won...then I find out this info

[wcan]

Took a former friend to court. He didn't show and I got default judgement.

When I served him, I chose private process since he is a hard person to track down and had a friend deliver subpoena. He filled out the info and sent it back to the courthouse.

Now I'm being told by friend that he never served it and just left it on his car...WTF!

He tells me, "who cares, he screwed you now you screw him. After his checks get garnished, what can he do? He owes you money, he knows he owed this money and avoided you and ran away. What is he going to do? Go to court and fight the claim?"

Even though he has a point, I would get in deep crap if he did indeed decide to go to court to see what's going on.

So what do I do from here?

 

[army judge]

Took a former friend to court. He didn't show and I got default judgement.

When I served him, I chose private process since he is a hard person to track down and had a friend deliver subpoena. He filled out the info and sent it back to the courthouse.

Now I'm being told by friend that he never served it and just left it on his car...WTF!

He tells me, "who cares, he screwed you now you screw him. After his checks get garnished, what can he do? He owes you money, he knows he owed this money and avoided you and ran away. What is he going to do? Go to court and fight the claim?"

Even though he has a point, I would get in deep crap if he did indeed decide to go to court to see what's going on.

So what do I do from here?

Serve him again.
This time hire a process server or pay the sheriff.
He can be served at work.

Don't rule out the fact that you may have been set up.

 

[mightymoose]

Don't worry about it.
You already got your judgment against him, so do what you can to collect.
If he chooses to fight the collection efforts and makes a complaint that he was never served then it will be your friend who swore under penalty of perjury that the papers were served properly who is in trouble.
Chances are that he won't fight it if he knows that he owes you.
Just continue with your collection effort. Your judgment is still valid even if your buddy is a moron.