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I live in California and won a case against a guy I loaned money to. The judge awarded me the verdict but says I have to collect on my own. How do I get this guy to pay me???? Please help!

2007-12-31 11:08:52 · 8 answers · asked by David 2 in Politics & Government Law & Ethics

8 answers

Well first off don't get frantic and don't get aggressive.

First all, he/she has a chance to appeal, so wait until that deadline is over. Then, ask for the money. Sometimes they'll just turn it over. Or you can suggest ways for the debtor to pay you (loans, sell something, etc.).

So be nice and if they refuse all gestures of your patience and kindness, STRIKE LIKE A CAT--don't threaten them and give them the time to bury or hide bank accounts or quit their job (getting their wages isn't too hard) or hide the money coming into their business (you can go after his accounts receivable).

Forget about "getting his house" or his car---that's prettty complicated and expensive.


Here are some good tips for you:

http://www.nolo.com/article.cfm/objectId/C45C321B-6B04-4C94-B0C9D918B3ED5F53/104/308/191/CHK/

2007-12-31 11:16:33 · answer #1 · answered by Anonymous · 0 0

You can report your judgment to the credit reporting agencies so that it damages his credit and you can also put a wage assignment on any of his earning or a lien on any property he owns.

2007-12-31 11:29:04 · answer #2 · answered by #1 Raider Fan 5 · 0 0

Last I remember (several years ago) here in FL usually the judge's order says if the person doesn't pay timely then 18% apr will be added.

First you get an original (I think there's a cost to it) of the judgement for each state where that debtor person lives and file it with the court in each of those states.

Then (usually asking a PI firm or go thru an attorney first who would tell you who he/she uses as a PI firm) you find the debtor's assets and then you call the sheriff's office and ask the sheriff to pick up the guy's assets for payment. There is a document you file with the court indicating you are sending or have sent the sheriff after those assets that you found in that debtor's name (should file a copy of the document you found as proof). and demand that that item be sold to pay you.

You might want to go thru an attorney so that you get the correct asset. I mean like you can seize your amount from their checking or savings account, or you can force them to sell their car (if there's enough money in it for you). You can even make them sell their house. If they have no assets but they live with their parents you can even go so far as to make their parents sell their car or house or make them sell their house or put a lien on the house so that when they do sell it that automatically you get paid first the amount they owe you.

Because there is so much work in getting a person's money back and it costs so much and takes up so much of a person's time, rather than having good money chase bad normally people just let small amounts go

I don't know if you can garnish their wages (I only know the IRS and government can do that) but if you can then be aware that every few months you need to renew that garnishment request thru the court to keep the debtor paying it.

2007-12-31 11:25:29 · answer #3 · answered by sophieb 7 · 0 0

If a judge awarded you the verdict, then I think he has up to 10 years (at least that is the way it is in Virginia) to pay the debt. I would give him some time to pay money back to you, no matter how small the amount. If he does not pay for say....for example 12 months, then I think you can get a writ against him for the amount. A writ can be taken out against someone when money is owed but has not been paid. What will happen is the Sheriff or Police department will go and confiscate property such as a car to sell so that his debt, which was awarded by a judge, can be settled. Getting a writ does take money...I think like 25 bucks but things could be different where you live. Its pretty much you have to put out some money to get money. Make sure to check and see what ways you can/cannot collect your money legally. If you do it within your rights, then he can do nothing to you.

2007-12-31 11:21:50 · answer #4 · answered by Kimmy3 4 · 0 0

You have just learned an important lesson,getting an judgment and collecting on that judgment are two separate
things. You can look at the O.J. verdict. Making someone pay my require you to go back to court to force him to pay and it may cost you additional monies to enforce it.

2007-12-31 11:19:06 · answer #5 · answered by Constipated CON. 7 · 0 0

You got $4070? Nice job, mate.

2007-12-31 11:16:41 · answer #6 · answered by Iriath Zhul 3 · 0 0

Garnishee his wages if he is employed. If not lots of luck.

2007-12-31 11:16:15 · answer #7 · answered by Mr. Un-couth 7 · 0 0

I don't think you can, find out if there's a judgement against him, I think there probably is. Send him a letter and tell him his credit is going to be messed up because of this.

2007-12-31 11:15:08 · answer #8 · answered by Anonymous · 0 0