I won a case in family court in the state of South Carolina. The defendant was ordered to pay me back over $5000 in attorney's fees beginning December 1, 2006. I haven't seen a dime yet. The defendant lives in Illinois. How can I enforce this order without having to incur a lot more in legal fees?
Can I get his wages garnished? Can I take out a lien on his property? I'm wiling to spend a couple hundred bucks in administrative stuff, but not willing to shell out in the thousands just to get $5000 back.
Also - if he is more than 10 days late, he is supposed to pay me back at an accellerated rate, but the court order doesn't specify what the accellerated rate it.
Any ideas? Thanks!
2007-02-23 06:00:43 · 10 answers · asked by Neeners 3 in Politics & Government ➔ Law & Ethics
Under the Full Faith and Credit clause of the Constitution, Illinois must enforce the South Carolina judgment. You do need to do this in Illinois unless he has assets in S.C. To give you a complete answer, I'll assume he has nothing in S.C. You send a certified copy of the S.C. judgment to the court in the County where the defendant lives. You'll have to pay a filing fee. In my state, the filing fees can be slightly different from county to county. Call the correct court in Illinois and find out the filing fee. After the judgment is filed in Illinois, you can take his property and garnish his wages. If he has assets in S.C., you can file a Writ of Execution and pick up his property or a Writ of Garnishment and take his bank accounts.
You actually asked 2 questions regarding acceleration. Acceleration means the entire debt is due immediately plus your state's judgment rate of interest since the date the debt was incurred--in your case that would be when the Order was entered. I do not know what the judgment rate of interest is in S.C., but it's 8 1/2% in my state. This is a question any atty could and would answer for free over the phone. Any money you spend to enforce this judgment is recoverable without any further Court proceedings, so don't worry too much about additional costs unless the debtor is "judgment-proof." Judgment-proof means he has no assets. However, in my state, a judgment is good for 14 years and can be renewed for another 14 years. Therefore, even if he has nothing now, it's still worth going after the judgment by "domesticating" (filing) it in Illinois.
2007-02-23 06:26:43 · answer #1 · answered by David M 7 · 1⤊ 0⤋
The best way is to bring it back to the court or let the attorny that handled the case get involved so that you can get your payments. As far as the accellerated payments, its up to the judge to render the effect. Certainly call the courts up there and tell them he is in contempt.
2007-02-23 06:08:44 · answer #2 · answered by pan_n_pandora 2 · 1⤊ 1⤋
You can't personally. You have to notify the court that gave the award. You also have to notify the local authorities where this person lives. They may charge you a fee, but that can be recouped when they obtain the other funds. It's usually the Sheriff that handles such matters.
2007-02-23 06:09:56 · answer #3 · answered by Anonymous · 0⤊ 1⤋
See if you can get a referral to an attorney in IL who will take it on a contingency -- for a percentage of what s/he collects. You will have to advance the court costs. If you can't find one &/or if you're not willing to pay the costs & expenses of pursuing YOUR CLAIM, then forget about it.
2007-02-23 06:19:10 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Go to the County Clerks office and put a lein on any and all property ownerd by the defendant (houses, vehicles etc etc)
2007-02-23 06:06:29 · answer #5 · answered by Anonymous · 0⤊ 1⤋
contact the courts and find out from them/ like someone else said law enforcement has to handle the order
2007-02-23 06:06:03 · answer #6 · answered by kleighs mommy 7 · 0⤊ 1⤋
All you have to do is file contempt. The judge will order attorney's fees to be reimbursed this time too. This guy is digging his own grave, deeper and deeper in debt to you.
2007-02-23 06:05:26 · answer #7 · answered by ? 3 · 1⤊ 1⤋
i would say to take that to the lawyer that you had. if not that, take it to the court where the hearing and all was. they will be able to help you get your money back, and REALLY serve justice.
2007-02-23 06:05:05 · answer #8 · answered by amymrgrt 4 · 0⤊ 1⤋
you need to call whatever lawyer represented you, if you didn't have one, then you can take that person to small claims court and you really don't even need a lawyer then.
2007-02-23 06:04:50 · answer #9 · answered by Anonymous · 0⤊ 1⤋
law enforcement must enforce the order
2007-02-23 06:03:58 · answer #10 · answered by an_articulate_soul 4 · 0⤊ 1⤋