A guy at work got served with a 3 day eviction
He has still not moved out. Now he got served with notice for court. He being sued for 3,000 dollars back rent. He says he wont show up and just have guilty plea entered. So if land loard win judgement against him and he don't pay what will happen. He own nothing to put lein on.
Will his wages be garnished to pay judgement? or he get away witn not paying? He don't care about his credit.
2006-10-02 10:51:50 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Judgments can be enforced via levy on the defendant's personal properties. If not sufficient, his real properties can be levied upon too and sold in execution sale by the sheriff. The proceeds of the sale will be used to satisfy the money judgment.
If the defendant has neither personal or real properties that may be levied on, his salaries and credits may be garnished.
As to the judgment on possession, it may be enforced forcibly by the court sheriff, bodily evicting the defendant and his belongings from the premises if need be, to restore possession to the prevailing party.
2006-10-02 17:01:11 · answer #1 · answered by Jomaxee 2 · 0⤊ 0⤋
Honestly, it depends on the landlord and his attorney. Paying an attorney or a collection agency to secure payment on a judgment takes time and money.
Personally, I've got clients who are willing to pay me to go chase down a $300 judgment. This was done purely on principle. Fiscally, it makes no sense.
Then I have had clients with $12,000 judgments that they have chosen not to chase.
So, you never know what's going to happen. Legally, the judgment creditor (landlord) can cause a tremendous amount of problems for a judgment debtor (your friend) who chooses to ignore a debt.
Let's take, for instance, what I'm in the process of doing to the $300 judgment debtor. I am filing what's called an "Order of Examination." It is a court order that the debtor appear in court and testify as to all of his assets. If he does not show, then the court issues an arrest warrant.
Bottom line -- if your friend is very unlucky, then he'll find himself in jail.
If, instead, he chooses to appear in court, he can fight the judgment and try to get it lower than $3,000. He can also ask the court to put him on a payment schedule.
In the end, maybe your friend should stop being such a f#cking weasel and actually take responsibility for his f#ck ups. Your friend is a complete loser. I would advise him to deal with this thing honorably. If not, you shouldn't be friends with him anymore. It's only a matter of time before the deadbeat finds a way to scr#w you over too.
2006-10-02 12:09:14 · answer #2 · answered by Anonymous · 2⤊ 0⤋
Actually, legal tender MUST be accepted for all DEBTS, both public and private. The judgment creates a private debt. The provision that individuals, and businesses, are not required to accept certain forms of payment only applies before a debt exists. If you go to a store, you don't have a debt until they agree to sell you a product, therefore, you do not have a DEBT for which they must accept legal tender. Actually, they CAN refuse the pennies, but if they do, they have refused a legal offer to pay and FORFEIT the right to enforce the debt.
2016-03-27 02:32:45 · answer #3 · answered by Anonymous · 0⤊ 0⤋
They can garnish his wages. If he ever does own anything nice, or wins the lottery, or gets an insurance settlement for an injury, they can also go after that.
2006-10-02 11:03:23 · answer #4 · answered by Catspaw 6 · 0⤊ 0⤋
The guy he's supposed to pay will have to hire a collections agent to get the money (which your friend will ultimately have to pay for). They will garnish wages if necessary.
2006-10-02 10:59:06 · answer #5 · answered by Chris J 6 · 0⤊ 0⤋
they will secure the apartment with his stuff inside and it is possible that the judge will put a garnishment on his paychecks/income
2006-10-02 11:00:53 · answer #6 · answered by rwl_is_taken 5 · 0⤊ 0⤋