Get in trouble for refusing to pay the judgment? I have won a judgment but have received nothing. Is there anything legal wise I can do? Can I reopen the case? Can the judge demand them to give me the money or will they help me collect or is it all up to me to collect? Also if i can reopen the case can I charge that fee to the defendant? Can they be arrested for not following the court order?
2006-07-23 04:15:03 · 5 answers · asked by Big E 1 in Politics & Government ➔ Law & Ethics
An attorney charges way too much and a small claims case isn't really something attorney's care about.
2006-07-23 04:22:48 · update #1
Winning a judgment is totally different than collecting on one. That is why in some cases it is better not even to get a judgment on those with low incomes and who own virtually nothing. But since you have one, now it is up to you to try to collect, you could garnish a small portion of his wages if he makes enough ($2,000 Max in IA). You could also petition for some of his assets over a set amount. In Iowa you're allowed $5000 for your car and close to that for household belongings. But this was over a decade ago so the amount may have gone up. Plus in Iowa you only have two years to collect. But I recommend you get some more legal advice in the state in which you reside.
2006-07-23 04:25:14 · answer #1 · answered by Rancher 3 · 0⤊ 0⤋
Ask the court. Many small claims courts have legal assistance centers to help with questions like this. And the laws vary by state and jurisdiction, so a general answer won't help too much.
That being said, many small claims courts are actually departments of the general state/county courts, and thus have the same authority by extension to enforce civil judgments. If a person refuses to follow the orders given by a court, they may also be held in contempt, which carries its own penalties.
Check with the legal aid center at your local court, or with an attorney licensed in your state.
2006-07-23 04:21:52 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
It depends on your state but generally the courts will just issue a judgment and then it is up to you to collect the debt. It is unconstitutional to jail someone for not paying a debt. So they will not be any jail time. Get a hearing to have the defendant reveal his/her assets and you could work from there by perhaps putting a lien on real estate or car.
2006-07-23 04:28:06 · answer #3 · answered by Anonymous · 0⤊ 0⤋
you will have to find the persons assets and attach a lien to them, do they have a house?, car? or bank accounts?
You can not arrest someone who can not pay a judgment that used to be called debtors prison no more
2006-07-23 04:28:21 · answer #4 · answered by goz1111 7 · 0⤊ 0⤋
why don't you call an attorney
2006-07-23 04:18:15 · answer #5 · answered by kcracer1 5 · 0⤊ 0⤋