How do I collect on a judgment

[erika]

I received a judgment in small claims court about 4 months ago (new york). It says that the loser is supposed to pay but he isn't. I sent him a notice and he won't answer calls. What do I do?

 

[jody]

I had this problem before too. It was a real pain because under the law they should have paid. Fortunately my friend who is an attorney helped me out. I knew that they had a bank account at the local branch and we sent an information sbupoena and a restraining order. I got the money, the cost of the service (my friend charged me a nonminal rate and I paid on collection), and we lived happily ever after. I think the court can issue a subpoena too and it costs something like $3.

 

[jonq]

From what I've read about it, upon filing the appropriate papers with the court, you can have the local sheriff go get the money directly from the defendants bank account. (Assuming there is a bank account)

 

[Michael Wechsler]

Your problem is one of the primary reasons why TheLaw.com was founded -- the discovery that the legal process doesn't work that well to provide remedy to those who are victims even after the law recognizes who was rightful party. There are ways to entice him to pay and here is a little known remedy, depending upon the state that you are in. ALWAYS send the other party written notice via some certifiable method. Phone calls never work and a common mistake is to send notices whose receipt or sending will be difficult to prove. This may get you what you are seeking.

Note, if a party does not pay within 30 days and you send notice, one can obtain triple damages against the party. New York has such a rule. It depends upon the state that you are in but many states have laws that are designed to encourage a defendant to play by the rules.

Send the other party a written demand letter stating all the essentials -- I received a judgment in which you appeared in court. I was awarded $X but you have not paid despite repeated demands. If there is a triple damages statute, make reference to it in the letter and that you will also sue for the costs of enforcement of the judgment.

Good luck!