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Thread: collecting A judgement

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    Bronze hardeight's Avatar
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    collecting A judgement

    I recently won a court case in small claims against a viable business for 4 figures . Anyone have any good ideas how to collect this ? i can only come up with a bank attachment

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    Flashlight Master desertrunner's Avatar
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    Can the local court assist?

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    Platinum GrenadaRoger's Avatar
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    does the person own real estate? if so you can get a lien on the person's real estate...talk to an attorney
    (long before there was a PFA i had my Grenade & Crossbones avatar at DD)

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    Owner Dan Druff's Avatar
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    Quote Originally Posted by hardeight View Post
    I recently won a court case in small claims against a viable business for 4 figures . Anyone have any good ideas how to collect this ? i can only come up with a bank attachment
    Write the business demanding payment, and give them an address to mail a check to you.

    If they don't respond, call them and again demand payment. If they refuse, you can take them back to court, and demand a debtor's examination, where basically they have to explain their assets to the court, and they need to explain why they aren't satisfying the judgment.

    If you have any chance to get their bank account info, you can collect directly through the bank. Sometimes you can use the "small check trick", where you have a friend send the business a small check (preferably to buy something), and then when it's deposited, you will get the business' bank information. Then you can go to the bank with your court judgment and they will pay you, without needing the business' permission.

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    Diamond Walter Sobchak's Avatar
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    Nunchucks FTW

    SOBCHAK SECURITY 213-799-7798

    PRESIDENT JOSEPH R. BIDEN JR., THE GREAT AND POWERFUL

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    Bronze hardeight's Avatar
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    Quote Originally Posted by GrenadaRoger View Post
    does the person own real estate? if so you can get a lien on the person's real estate...talk to an attorney
    It’s a business no they rent . Probably not worth it for a attorney as it’s only a few g’s

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    Bronze hardeight's Avatar
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    Quote Originally Posted by Dan Druff View Post
    Quote Originally Posted by hardeight View Post
    I recently won a court case in small claims against a viable business for 4 figures . Anyone have any good ideas how to collect this ? i can only come up with a bank attachment
    Write the business demanding payment, and give them an address to mail a check to you.

    If they don't respond, call them and again demand payment. If they refuse, you can take them back to court, and demand a debtor's examination, where basically they have to explain their assets to the court, and they need to explain why they aren't satisfying the judgment.

    If you have any chance to get their bank account info, you can collect directly through the bank. Sometimes you can use the "small check trick", where you have a friend send the business a small check (preferably to buy something), and then when it's deposited, you will get the business' bank information. Then you can go to the bank with your court judgment and they will pay you, without needing the business' permission.
    Not a bad idea . They don’t take checks it’s either cash or credit or like PayPal
    I highly doubt they pay from A letter . That’s why I had to sue to begin with .
    That is the my main plan to go after the bank . I was told I had to file the bank attachment or garnishment through the clerk of courts pay the fee and the court contacts the bank for you . They also use PayPal so I might go after that as well

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    Bronze hardeight's Avatar
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    Quote Originally Posted by desertrunner View Post
    Can the local court assist?
    Somewhat but you have to get the ball rolling

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    Platinum garrett's Avatar
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    This is so simple, and not even a question for a LOL poker board like here...

    This is a Civil Matter and a business as such, likely does have buildings, Assets (some worth..) so what you need to do now is go File a Lien in Civil Court and then once applied to that business bc of this Civil Suit then whatever you are owed will go to you First to pay this Civil Judgement before they will ever see a profit over whats owed to you. So simple and this is all a Civil Court Matter now, just be patient and let the Courts do what they do. If a Civil Judgment is ordered to you, you will get it trough liens before they ever see a penny profit before you are paid what you are ordered by a judge now. That will get paid to you first. Whatever is owed to you will be paid first, before they as a business ever receive anything owed to them before paying you and that Civil Judgement first. So Simple, go the Civil Court and be patient, likely a

    bigger business isnt a bad thing to be going after either, as they likely usually always have blood in that stone, unlike suing an individual..

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    Gold Cerveza Fria's Avatar
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    What I would do is to do some Discovery in aid of execution, to find out what and where the assets are. Then, have the sheriff (or other proper law enforcement in your jurisdiction) go over to their place and execute the judgment. The sheriff can seize assets and sell if necessary until they cough up $$$$.

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    Platinum Jayjami's Avatar
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    Is it a business with paying customers? If so, two words: till tap.

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    All of the comments above are good, but there are procedures you need to follow to succeed. You can't just walk into the local bank where the business maintains an account and expect the bank to do anything for you (unless maybe you live in Mayberry, where the banker is also the barber).

    A few tips:

    1. First make sure that the Judgment is final and the time for an appeal has run. I'm only familiar with California, but here you have 30 days to appeal a judgment from Small Claims Court from the date the judgment (notice) is mailed out from the Court to both sides. If there is an appeal, then the entire case gets re-tried anew before a real Judge (not the volunteer lawyers typically used as Judges in CA Small Claims Court).

    2. For a smaller type business, going after the bank account is the easiest and most cost efficient way. You'll need a Writ issued from the Court to levy on the bank account. The Sheriffs office at the Court will usually serve it. The forms should be available on your Court's web site. You'll also need the specific bank and the bank account number/name associated with the bank account.

    3. In addition to the bank account, or if you need to get the bank account information, the next best effective method is to apply to the Court for a Judgment Debtor's Exam. (Again, first wait for the appeal period to run). A Judgment Debtor Exam drags the business owner back to Court and requires him/her to answer questions about the business (such as bank account info). You can also subpoena documents at the same time you serve the Judgment Exam Order - ask for a long list of documents such as accounts, assets, etc. If the business owner is properly served and fails to appear, a bench warrant will be issued by the Court. Again, your local Court and web site will have the forms for this.

    4. You can record a real property lien with the County Recorder's Office as suggested above, but if it's a small business, the business most often is leasing the premises and does not own the real property. You'll need an Abstract of Judgment issued from the Court to record it with the County.

    5. You can record a personal property lien with the Secretary of State for your specific State. Again, if this is a small business, there may not be much personal property to lien but you never know for sure.

    6. I agree that a till tap is good for an ongoing retail business that has a flow of customers coming in.

    Of course the end game to any/all of the above is to harass the business owner into paying - so always keep that in mind when you decide what actions to take.

    There are forms available for all of the above and there will be fees. At least in California, you can add the costs/fees of collection to the amount owed on the judgment.

    Hope this helps - good luck!

     
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    Bronze hardeight's Avatar
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    Quote Originally Posted by Jayjami View Post
    Is it a business with paying customers? If so, two words: till tap.


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    Bronze hardeight's Avatar
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    Quote Originally Posted by JoeD View Post
    All of the comments above are good, but there are procedures you need to follow to succeed. You can't just walk into the local bank where the business maintains an account and expect the bank to do anything for you (unless maybe you live in Mayberry, where the banker is also the barber).

    A few tips:

    1. First make sure that the Judgment is final and the time for an appeal has run. I'm only familiar with California, but here you have 30 days to appeal a judgment from Small Claims Court from the date the judgment (notice) is mailed out from the Court to both sides. If there is an appeal, then the entire case gets re-tried anew before a real Judge (not the volunteer lawyers typically used as Judges in CA Small Claims Court).

    2. For a smaller type business, going after the bank account is the easiest and most cost efficient way. You'll need a Writ issued from the Court to levy on the bank account. The Sheriffs office at the Court will usually serve it. The forms should be available on your Court's web site. You'll also need the specific bank and the bank account number/name associated with the bank account.

    3. In addition to the bank account, or if you need to get the bank account information, the next best effective method is to apply to the Court for a Judgment Debtor's Exam. (Again, first wait for the appeal period to run). A Judgment Debtor Exam drags the business owner back to Court and requires him/her to answer questions about the business (such as bank account info). You can also subpoena documents at the same time you serve the Judgment Exam Order - ask for a long list of documents such as accounts, assets, etc. If the business owner is properly served and fails to appear, a bench warrant will be issued by the Court. Again, your local Court and web site will have the forms for this.

    4. You can record a real property lien with the County Recorder's Office as suggested above, but if it's a small business, the business most often is leasing the premises and does not own the real property. You'll need an Abstract of Judgment issued from the Court to record it with the County.

    5. You can record a personal property lien with the Secretary of State for your specific State. Again, if this is a small business, there may not be much personal property to lien but you never know for sure.

    6. I agree that a till tap is good for an ongoing retail business that has a flow of customers coming in.

    Of course the end game to any/all of the above is to harass the business owner into paying - so always keep that in mind when you decide what actions to take.

    There are forms available for all of the above and there will be fees. At least in California, you can add the costs/fees of collection to the amount owed on the judgment.

    Hope this helps - good luck!
    1. i didnt relaize they could appeal. So i have to wait another 30-40 days or so before i do anything
    2. i think bank account levy will get the money. i can do in there busy season
    3. i love the idea of the till tap . just to fuck with them

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    Platinum FRANKRIZZO's Avatar
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    go on peoples court or judge judy if you are in the area.

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    Bronze hardeight's Avatar
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    Quote Originally Posted by FRANKRIZZO View Post
    go on peoples court or judge judy if you are in the area.
    Ironically I was actually invited on the show but the defendant didn’t want to do it

     
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    What's a "till tap?"

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    Welcher jsearles22's Avatar
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    Quote Originally Posted by go_buccos View Post
    What's a "till tap?"
    With the judgement in hand, the sheriff can walk into the business and literally take the cash out of the cash register (aka till).
    It's hilarious that we as a society think everyone can be a dr, a lawyer, an engineer. Some people are just fucking stupid. Why can't we just accept that?

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    Quote Originally Posted by jsearles22 View Post
    Quote Originally Posted by go_buccos View Post
    What's a "till tap?"
    With the judgement in hand, the sheriff can walk into the business and literally take the cash out of the cash register (aka till).
    Heh... I knew that was a thing, I had just never heard that term for some reason.

    Thanks for the explanation!

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