Get money from Defendant after judgement.

[tunispoa]

Hi Everyone, I would really appreciate any help possible in my case.
I have purchased a car on ebay from a dealer in Philadelphia, PA. The car came with a one year warranty. The listing, the contract and all the paperwork mention the one year warranty provided by another company.
After 7 months from the purchase the transmission of the car stopped working, the repairs are about $4500 and are covered by the warranty. Wehn I called the warranty service they acknowledged me that they have received only a 6 months payment from the car dealer and thus the warranty was cancelled. I have a written statement from the warranty company and a copy of a letter they have sent to the Dealer to ask him for the payment.
I was never acknowledged of this fact.
I was never able to pay for the repairs.
I have troied to contact the dealer by phone, fax but he refused to answer my calls. Then I sent a demand letter via certified enveloppe and nothing happened.
I have asked the help of the BBB and the Office of the Attorney General of Pennsylvania and nothing happend too. The Dealer ignored everyone and continues his sales on ebay.
After the advise of the Attorney General, I have filed a small claim suit in October 2004. The Defendant's attorney sent a fax at the last minute asking for a continuance. The next hearing date was set for January and the defendant failed to show up.
The Judge ordered the defendant to pay for the car repairs and the legal costs.
30 days passed by and I still did not receive any payment. The Dealer is still selling cars under the same name. I have verified his company registration at the Philadelphia Clerk Registry. No bankruptcies have been filed on his behalf.

I have asked the Phildelphia Court to Prepare a Writ of Execution. I have his bank account info, his address and his inventory.
I was wondering what is the best way to get my money from this judgement. I am not sure if people can ignore court orders like this. Is there any easier way to have the defendant pay the money owed without having to do all this hassle of levying his property and asking the Sheriff to show up at his place of work?

Please note that when I called his attorney, this latter claims that he has never received any letter from the court (continuance and judgement) also he said that the defendant is bankrupt and is not selling cars anymore but this is untrue since as of this moment he has 7 cars listed.

Please provide me with any help possible. I would really appreciate it.
Thank you in advance

 

[Michael Wechsler]

Your unfortunate case is one of the primary reasons why thelaw.com was founded. There is no shortcut that I am aware and there should be. The same goes for significant penalties for blowing off orders (you can and should ask for sanctions.) You should definitely have a freeze put on his bank account (restraining order) and hope that you have done this. In addition, some courts have special penalties for small claims scofflaws. A little known law in NY is that if you send a demand letter for payment and the defendant refuses, you can sue on that refusal to comply for up to treble damages -- three times the damage! I'm not sure about PA but it's worth asking the small claims clerk about it.

Good luck! Please keep us informed as to your case and if you need other assistance.

Hi Everyone, I would really appreciate any help possible in my case.
I have purchased a car on ebay from a dealer in Philadelphia, PA. The car came with a one year warranty. The listing, the contract and all the paperwork mention the one year warranty provided by another company.
After 7 months from the purchase the transmission of the car stopped working, the repairs are about $4500 and are covered by the warranty. Wehn I called the warranty service they acknowledged me that they have received only a 6 months payment from the car dealer and thus the warranty was cancelled. I have a written statement from the warranty company and a copy of a letter they have sent to the Dealer to ask him for the payment.
I was never acknowledged of this fact.
I was never able to pay for the repairs.
I have troied to contact the dealer by phone, fax but he refused to answer my calls. Then I sent a demand letter via certified enveloppe and nothing happened.
I have asked the help of the BBB and the Office of the Attorney General of Pennsylvania and nothing happend too. The Dealer ignored everyone and continues his sales on ebay.
After the advise of the Attorney General, I have filed a small claim suit in October 2004. The Defendant's attorney sent a fax at the last minute asking for a continuance. The next hearing date was set for January and the defendant failed to show up.
The Judge ordered the defendant to pay for the car repairs and the legal costs.
30 days passed by and I still did not receive any payment. The Dealer is still selling cars under the same name. I have verified his company registration at the Philadelphia Clerk Registry. No bankruptcies have been filed on his behalf.

I have asked the Phildelphia Court to Prepare a Writ of Execution. I have his bank account info, his address and his inventory.
I was wondering what is the best way to get my money from this judgement. I am not sure if people can ignore court orders like this. Is there any easier way to have the defendant pay the money owed without having to do all this hassle of levying his property and asking the Sheriff to show up at his place of work?

Please note that when I called his attorney, this latter claims that he has never received any letter from the court (continuance and judgement) also he said that the defendant is bankrupt and is not selling cars anymore but this is untrue since as of this moment he has 7 cars listed.

Please provide me with any help possible. I would really appreciate it.
Thank you in advance