I won. Now to collect?

[prinston2]

O.K. I got granted the remainder of the money and she was court ordered to pay by April 1st which is today by certified funds. I did not receive a check and now I'm not sure how to follow up on the money. We mediated the whole thing. The judge didn't even need to be there. The mediator asked her like 5 times if she was going to be able to pay that money on today's date and she said yes. He advised her that she would be in a lot of trouble if she didn't pay. Ex: leans would be put on her and her (now husbands) house or even cars, and go after joint bank accounts. It would go on her credit, and even possibly getting arrested. I think that people are saying that small claims court is a joke that you never have to pay and if you already have nothing to lose why would you pay anyway? And the court doesn't enforce anything if she doesn't pay so how am I supposed to collect? I mean what is small claims for if you are not required buy law to pay????

 

[Michael Wechsler]

You may have to wait months to get the money back. In fact, if you're telling me that she owns nothing, makes $13 an hour -- then how are you expecting to get the money from her so quickly? From what source?

To begin, I'm not sure I understand how she could be responsible for the amount remaining on the car, you keep the car, and she loses her equity in the vehicle. There seems to be something missing here. It would seem you would have to sell the car.

The real question is how important the friendship is. It is her wedding week and if she is a good friend, she'll do what she can. But the real moral here is that if you know someone has no resources and they need you to take out a loan in your name because of their bad credit, then you should think twice -- maybe three times -- about whether this is really something you should be doing, especially for a high priced item.

Originally posted by prinston2
Hi there. Here is my story. I puchased a car for a friend as a loan which was paid back partially and the payments stopped. The car was in my name and I got the car back. I took them to small claims court and she agreed to pay the remaining balance within 30 days of $3000.00. Is there a way to enforce her to pay? Or am I going to have to wait 6 years to get my money like certain websites say? I know she owns nothing, has terrible credit and only makes about $13.00 an hour and has a son. She is actually getting married this week and shares a condo with him currently. What actions can I take to get my money in the shortest amount of time? An help would be great. Thanks.....

 

[prinston2]

Re: Re: I won. Now to collect?

Originally posted by thelawprofessor
You may have to wait months to get the money back. In fact, if you're telling me that she owns nothing, makes $13 an hour -- then how are you expecting to get the money from her so quickly? From what source?

To begin, I'm not sure I understand how she could be responsible for the amount remaining on the car, you keep the car, and she loses her equity in the vehicle. There seems to be something missing here. It wouls seem you would have to seel the car.

The real question is how important the friendship is. It is her wedding week and if she is a good friend, she'll do what she can. But the real moral here is that if you know someone has no resources and they need you to take out a loan in your name because of their bad credit, then you should think twice -- maybe three times -- about whether this is really something you should be doing, especially for a high priced item.