How to make a defendant to pay?

[buzzsmith]

A moving company damaged the railings inside the house in PA. 'Peaceful' negotiations went nowhere and a civil case was opened in a local Magistrate. The defendant did not come to the hearing and the default judgment was entered for me. The defendant neither appeal, nor responded after more that 31 days.
What can I do to get the money. The amount I am talikng about is $1800.00

Thank you.

 

[NYClex]

You get a writ of execution and then go to the Sheriff and have him go after the guy's assets. Hopefully he has some.

Look here: http://www.overdue.com/Garnishment_Statutes/pa.html

and here for an example: http://www.chesco.org/sheriff/sheriff_writs.html

 

[Michael Wechsler]

NYClex offers some good advice. Do be prepared to having to do your own asset searching though. This is one of the reasons why thelaw.com was founded -- the realization that defendants would be nailed with judgments but the law being too protective of individuals rights to have the judgments have any teeth. In this day and age where everything is hooked up by computer, one should not have to do bank asset searches and shoot in the dark for a bulls eye.

First, if this was a default judgment, then you should (may be required) to send out a demand notice for the money. This makes sense especially if the defendant didn't get the notice for the court appearance. That does happen. You may want to send the demand via a certified method. Let us now assume that the defendant did receive the notice in court and has chosen to ignore your demand letter.

The first manner of leverage you may have is to file a "lien" in the county so that the individual will have issues in trying to obtian a mortgage or obtain any other type of loan or credit. It will provide some incentive to pay off the judgment.

Next you may have to file an information subpoena with restraining order and serve it upon banks which you believe the defendant may have accounts. If they do, you'll hear back that the account has been frozen up to that amount of money and the marshall will then be used to collect. Incredibly, everyone then gets a piece of the pie and you are supposed to apply to the court to obtain the money which the marshall may charge for executing on your judgment and restraining order.

If I'm missing steps, someone should feel free to speak up. As of recently, this is the process that I am aware has been used in the New York City area by other colleagues who have had to deal with small claims judgments and deadbeats who won't pay upon their judgments. There should be an easier method.

A moving company damaged the railings inside the house in PA. 'Peaceful' negotiations went nowhere and a civil case was opened in a local Magistrate. The defendant did not come to the hearing and the default judgment was entered for me. The defendant neither appeal, nor responded after more that 31 days.
What can I do to get the money. The amount I am talikng about is $1800.00

Thank you.