Petition the court to rule on the case and execute the judgment in your favor.
2007-08-19 02:09:53
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answer #1
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answered by FRAGINAL, JTM 7
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You must go back to court and they will make an order for this person to pay you. If the person has no money, you may have to wait some time. The court can order "x " amount per week to be deducted from the debtors` pay cheque by his employer and the money will be sent to you via the court office, until such time that the debt has been paid in full.
2007-08-19 04:40:45
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answer #2
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answered by Social Science Lady 7
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Actually you went about this backwards - courts have alleged rights to rule "in favor" but yet are not to show partialiaty ... but are "in favor" ... give me a break will yah ...
You need to do what you should have done in the very first place - bill/invoice the guy ... using the lawful process that is similiar to the unlawful process used by the IRS and the collection agencies ... but; the law is whatever you agree to - right or wrong.
Write an Affidavit explaining how the bill came to be, write a security agreement in there and such (if you need a copy of one that I used - just let me know and I will send you by email a copy you can just get rid of my name and stats and plug in what pertains to you.) - and send it to him by CERTIFIED MAIL - RETURN RECEIPT REQUESTED ...
He will probably wipe his buttox on it and laugh about it --- and that will be wonderful - for you that is. If someone DOES NOT ANSWER YOUR AFFIDAVIT - THEY AGREE AND THE COURT MUST UPHOLD YOUR AFFIDAVIT AND CLAIM ... but;
that is only the first step in the process - you give him 7 days to PAY IN FULL FORTH WITH AND IMMEDIATELY ... if you receive no counter AFFIDAVIT FROM HIm - you then get a Notary Public to do a Notarial Protest - if you cannot find one to do this ... as it is difficult to get them to do their job and they don't want many to know about it - as the process is MORE POWERFUL THAN ANY COURT ...
I know a Notary Public who will do the protest if necessary - from Texas - just as valid as in your state or in China for that matter.
The Notary Public will then send the Protest to the guy demanding the money - and that all responses and replies be sent by Certified Mail from him - so that the Notary Public can keep a proper record ...
When the guy don't answer - the Notary Public will issue a Certificate of Default (same as Dishonor only more powerful ... guess it ain't the same then, eh?)
You take that Cert of Default to the District Court and you file for Ex Parte Default Judgment (meaning the court battle has already been done the other side laid down his arms and left the battlefield and all that is left is the State Court to issue an Order for him to pay - he don't even need to appear because he has agreed to all you said and he agrees as well that he owes the bill -OTHERWISE HE WOULD HAVE CONTESTED IT TO THE NOTARY PUBLIC ... AND HE WON'T).
Now that you got the Order - you petition the court to use the Sheriff to go auction off the guys car, house, marble collection and/or etc. and pay the money to you.
YOU NEED TO LEAVE PROVISION IN THE ORIGINAL AFFIDAVIT YOU SENT - TELLING HIM THAT ALL ACTS TO COLLECT HE WILL BE BILLED FOR AND REFLECTED IN THE RUNNING BALANCE ... if he ain't paying you - why should you not get paid for your services to get an auction set up to help him pay - using the sheriff who will also want his fees for his services as well and/or etc.
If the guy owns a business - the sheriff can be ordered to go and tend the guys till and collect every cent paid into it - making sure the guy don't close early or whatever ... or the sheriff can go to the bank and withdraw every cent from the guys account - depends on what you want to be done in the collection once Notary Protest is done PROPERLY and you then get the Court issued Default Judgment.
Any questions let me know, eh?
I will only help with lawful and actual owed debts - you can add to that amount whatever you feel fit - even tell the guy if he don't pay in 7 days you will multiply it by 3, 7, 10 or etc. ... and add that tot he bill/invoice for punative damages. All is lawful and if the guy does not object to it - HE AGREES FULLY ...
Peace;
Aintmyfault'
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2007-08-19 11:08:17
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answer #3
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answered by aintmyfault 3
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Was this in Small Claims? Go to the Court Offices, they're surprisingly helpful, answers you get on here may not be terribly reliable.
2007-08-19 23:22:32
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answer #4
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answered by champer 7
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