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I won a lawsuit!

Started by Driven1, September 17, 2008, 11:44:28 PM

Driven1

River...i won my first judgment today...to the tune of $3,500.  the 'trial' was kind of fun actually. 

how do you recommend i get the deadbeat to pay?  is writ of garnishment worth the &/or money?  writ of possession (auto) a viable choice for such a relatively small amount?

RiversideGator

Good work!  Was it for an eviction?

As for collecting money, if the Defendant has a job, a garnishment will work unless he quits and hides.  If he has a paid for car, a writ of possession for the car would be the fastest way to get the money.  After getting a Judgment, most collections attorneys will then set depositions of the Defendant and have the Court order him to appear.  Then, if he fails to appear the Court can throw him in jail for contempt of Court (although not for the underlying debt).  If he does appear, then you ask questions about where he works, his income and his assets.

RiversideGator

I dont do collections work so I dont know all the nuances.  I know he has 30 days to file a Notice Of Appeal but I dont believe this would stay you from continuing after him unless he actually filed a Notice Of Appeal.

Also, I think you would just set a deposition and file a Notice Of Deposition or something (forms available in Law Library) and file the original with the Court and copy him and put a Certificate Of Service in the Notice.  You can have a Court reporter but they charge obviously.  Many lawyers do these at their own offices so you could do it at your office or a neutral site.

Alternatively, you could have a collections attorney handle it for you and take a cut of the $$.

apvbguy

Quote from: RiversideGator on September 18, 2008, 12:02:34 AM
I dont do collections work so I dont know all the nuances.  I know he has 30 days to file a Notice Of Appeal but I dont believe this would stay you from continuing after him unless he actually filed a Notice Of Appeal.

Also, I think you would just set a deposition and file a Notice Of Deposition or something (forms available in Law Library) and file the original with the Court and copy him and put a Certificate Of Service in the Notice.  You can have a Court reporter but they charge obviously.  Many lawyers do these at their own offices so you could do it at your office or a neutral site.

Alternatively, you could have a collections attorney handle it for you and take a cut of the $$.
why hire expensive expertise when you can accomplish the job without the expensive shysters?
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RiversideGator

Because a judgment is just a piece of paper unless you have the expertise to turn it into money.