Deb

[freeby2]

We won a court settlement for $7000 worth of damages to our rental property. For almost a year the defendants didn't appear at the scheduled court dates. On the last one (the incarceration one), they showed up and filled out the required forms at the court house. They stated they owed NO money to any one and the main bread winner was a Sole Proprietorship. The judge did not tell this person they owed for damages and did not inquire about how much money that person made. The judge let them walk out of court. When I questioned the judge why he didn't make them pay for their damages, the judge simply responded "They know the law better than you". In the meantime, the previous tenants left check cashing receipts and a credit check report in all their garbage which frankly states they lied to the judge. They owe a lot of people. The check cashing stubs indicate an average of $750 - $1500 per week. Do I have any recourse?

 

[Michael Wechsler]

File an appeal with the court. Ask the court clerk how to do this. That's the simple answer becuase I don't understand what you won and what the procedure was in your case. Obviously the judge also mentioned why he didn't award you damages and alludes to a defense that the defendants made which was legal, not just factual. What was it?

 

[freeby2]

The initial judgment for damages was won by us for $7000. The defendants failed to show up for almost a year for the court dates. They finally showed up on the court date for mandatory incarceration. They filled in the papers stating what they owed (nothing except rental furniture) and stated that the male defendant was a sole proprietorship (roofer). The judge looked at their papers, said "fine" and then let them go. No instructions to repay us or anything even though we had been awarded the initial judgment of $7000 by the same court. I don't understand why the last judge didn't make them set up arrangements for repaying us. The guy IS making money and just processing it under the table without using a bank or other financial institution.
Thanks for your help!