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wearyatlas | Anyone won small claim court and the defendand cannot pay? What to do in such case? |
I won 5K on small claim court. The pool guy ruined my pool completely. He said he cannot pay me ever. What to do in such case? Anyone have been in similar?
Additional Details
He closed his pool business and run away. No one knows where he is. My wall is caved, the pool wall. He left the empty pool for 5 weeks. |
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caspe c
|
In a small claims court, you are limited on the things you can do. One is try to put a lien on any of his property until he pays, or try to go back to court and liquidate his assests. Another thing you can do is report to the credit bureau's that there is an unsatisfied judgement against him. This will keep him in financial hurt for loans, credit (personal and business), renting, etc.. But you will have to renew the report every 6-12 months. Also, you can see if you can get an garnishment against future employment. That is about it. Oh there is one other possibility, but not for sure it will work. You can go to some of these collection companies and see if you can get them to try to collect for you but they cost lots of $$$$$. |
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Dolly
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Depends on your State laws, here and other states, the state makes them pay the court and the court pays you. Do something, put a lean on his property, garnish his wadges, etc. Good Luck, that sucks. One more thing you might be able to do if all is lost is talk to your Tax advisor, it can be filed under capital gains and losses. |
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ErasmusBDragen
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you can give it to a collection agency, if they collect the full amount they will keep quite a bit of it but it's still better than nothing |
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Who?Me?
 |
I think you can ask the court to have his wages garnished. |
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Dr. Bugly
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You can file a judgement against him but it won't get you paid. Hate to say it but your SOL. |
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smartgirl
 |
Unfortunately the only thing you can do is file a judgement with the court. This will cost you more money but a fairly nominal fee and more paperwork.
Any time in the future that he tries to get credit for anything your judgement will pop up. He won't be able to buy a house or a car etc. until he pays you. Also find out who licenses pool builders and try to get help from them in collecting. Register a complaint with the Better Business Bureau too, although if you mess with his business and he has no income then you still lose. Good Luck to you. |
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Weezy S Baby
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You should be getting his property soon, he can either be thrown into jail or pay off his debt by getting a deduction from each paycheck. What kind of court did you go to? Why haven't your lawyer clear anything up for you? |
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sway_ii
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I think you can actually get a lean against him or something like that. not quite sure where you would begin though |
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Coltsgal
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I can offer advice on what happened to me as a defendant that couldn't pay.
My old landlord evicted me for being one month late on rent and tacked on a whoooooooole bunch of rediculus fees and charges adding up to 3k.
I refused to pay only what i owed in back rent but lost the case. I went back on numerous occassions stating to the judge that based on my income and the bills i have to pay (rent, phone, electric, etc) i have no extra money to pay him.
Judge reviewed my finances, and closed the case. I had nothing for him to take from me.
In your case it's different, you deserve the money. In my ex-landlord's case, he got what he deserved for trying to scam extra money out of me. HAHA, HE GOT NOTHING |
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