In small claims court, if you won a case against someone who owed you money, how would the judge determine that the person cannot pay back? I've read before that even if you win, that doesn't mean that you will get your money back. Does the court in any way ensure that get your money back? Because otherwise, what is the point of going to court?
2007-06-03 17:56:57 · 6 answers · asked by juntjoo 1 in Politics & Government ➔ Law & Ethics
The defendant's ability to pay is not a factor in the judgement, and the court does not collect the debt for you. However: if the defendant fails to pay the ordered amount, you can attatch wages, put a lien on his/her property, or engage a collction agency, which lowers his/her credit rating and makes it very difficult for him/her to buy a house. The unpaid debt also accumulates interest. All of these options involve paying fees and/or commisions.
2007-06-03 18:07:46 · answer #1 · answered by nightserf 5 · 1⤊ 0⤋
You're right; settling is one thing, collecting is another. But you still will be able to get your money sooner or later, because there will be liens and judgments against that person in his record. For example, that person will not be able to renew his driver's license or get his car registered, or sell his property without paying you back, or rent a place if there are judgments against him. Also, judges are normally aware of the person's paying abilities and if they are not good, a judge can order to do certain percentage deductions from each paycheck that person earns (like 10% of each paycheck will be deducted by an employer to go toward the judgement) or from his other sources of income for a certain period of time.
2007-06-03 18:08:28 · answer #2 · answered by OC 7 · 0⤊ 0⤋
Unfortunately no its pretty much your job to ensure they pay you back. However if after getting a judgement by the court and the time in which the judge has given them to pay you back expires without them satisfying the debt, you then can go back and file a writ of garnishment and have it taken from their pay.
2007-06-03 18:01:01 · answer #3 · answered by sociald 7 · 0⤊ 0⤋
Research about how to have them pay on the spot or go to a paralegal.
It will not be easy especially if they are against a business.
Better than nothing.
2007-06-03 18:03:19 · answer #4 · answered by MIE 4 · 0⤊ 1⤋
It hasn't happend to me that I don't get my monet back, but they will give you a booklet that shows you how to force the other side to pay you back through available legal authorities. Make sure you get that booklet.
2007-06-03 18:01:52 · answer #5 · answered by M.S. 2 · 0⤊ 0⤋
You've seen the light. That should count for something. Take care.
2007-06-03 18:15:25 · answer #6 · answered by Neil S 4 · 0⤊ 0⤋