Is it true that even if I win in small claims court that doesn't guarantee I'll collect? My tv has been in thew shop for 6 mos. the guy is giving me the run around. Can I go down there with police or do I have to sue to get my tv back? I think he stripped it for parts or sold it. but either way it's gone.
2006-11-21 20:24:18 · 9 answers · asked by sneaky 1 in Politics & Government ➔ Law & Ethics
I went to the county clerk and recorder office and recorded my judgment. It automatically puts a mechanics lien on his real estate property. IE:house,land that he has in his name he cannot sell or get a loan until this is paid. Also I got an Interrogatory form(long form) and had the sheriffs office give it to him, I did this three times but I can do it as many time as I want the judge said so. The interrogatory makes him disclose all of his assets including his money in the bank. Then I got another form for Garnish and Levy which will clean out his bank account and or subtract money from his paycheck or Income tax return. All of the money I spent to collect from him is also added to the total amount and the total accrues at 8% a year. I had to to revive the judgment every six years to keep it active. It's like money in the bank drawing 8% a year so if you don't get paid this year it don't matter. This is Colorado Law it may be a little different where you live. This is not advice but my experience. You may use it however you wish. I did it all myself without a laywer.
2006-11-21 20:45:07 · answer #1 · answered by FreeWilly 4 · 0⤊ 0⤋
Yes it is true. If you sue and get a judgment collecting it is up to you. You may have to pay a bailiff or some other officer to go with you to get any real property and/or pay to file to garnish wages or get a lien. Depending on what the TV was worth you might spend far more then it was worth and still have little to show for it.
On the other hand Small Claims is cheap and if you get the judgment and include that in a claim to the BBB you will be out some time and effort, not much money and may get your TV back. Better then just rolling over and taking it if you ask me.
2006-11-21 22:02:13 · answer #2 · answered by Tracy D 1 · 0⤊ 0⤋
If you win in Small Claims Court you have a judgement for the amount. If the looser won't pay up you can have an attorney draw up papers to take his car, garnishee his wages, or you can file a lein on any real estate he may own. That usually gets their attention.
2006-11-21 20:42:26 · answer #3 · answered by Gunny T 6 · 0⤊ 0⤋
You can try to involve the police but I think you should talk to the company and tell them if they don't have your set by the end of the day you will take them to court. Yes even if you win if they don't have any money you will have a hard time getting it. Check with the BBB and see if they have somthing on them. It's probably not their first complaint.
2006-11-21 20:29:33 · answer #4 · answered by Stand 4 somthing Please! 6 · 0⤊ 0⤋
if the judge rules in your favor then yes the person has to pay you for the tv and he can refuse but that means he can be charged with contempt and spend a little while in jail + fine, so unless he wants to go thru all that trouble, he'll probably just pay or try to convice you your not gonna get your money anyways so you might as well forget it........ (ring a bell?)
2006-11-21 22:26:38 · answer #5 · answered by sikn_shadow_420 3 · 0⤊ 0⤋
by utilising going to courtroom you will set up your *criminal precise* to assemble. sequence itself is a distinctive ballgame. yet that does no longer mean it extremely is hopeless. once you have gotten a judgment in small claims courtroom, you are able to circulate back to courtroom and get execution orders, connect his property, finally garnish his wages, and so on. in case you win in small claims, and vigorously pursue number of your debt, then except he's "judgment-evidence" (it extremely is, thoroughly and fully broke, without earnings) finally he will ought to pay you. even if it extremely is going to take some attempt on your area: circulate to the library and initiate examining up on the thank you to apply small claims courtroom!
2016-11-26 00:39:38 · answer #6 · answered by adel 4 · 0⤊ 0⤋
Unfortunately it doesn't guarantee payment. I took my former boss to small claims and won my case. 2 days later he filed for a BK and that was that.
2006-11-21 20:38:55 · answer #7 · answered by Jester17 2 · 0⤊ 0⤋
take them to court. chances are they will pay up when you go. if not you may need to go back to get a garnishment.
2006-11-21 20:26:39 · answer #8 · answered by anonymous 6 · 0⤊ 0⤋
if he ain't got no money, you ain't gettin paid!
2006-11-21 20:45:58 · answer #9 · answered by alex l 5 · 1⤊ 0⤋