1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Verbal Agreement-WE WON!

Discussion in 'Alternative Dispute Resolution' started by lawbound, Feb 17, 2004.

Thread Status:
Not open for further replies.
  1. lawbound

    lawbound Law Topic Starter New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    0
    After appearing in court, and the floor guy did not show just as you stated. Judgement was in our favor. We have a judgement for $400.00 against him and his company. How do I collect now? Can I have his wages garnished? Can I put a lien on his company?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,209
    Likes Received:
    643
    Trophy Points:
    113

    Congrats! :D That is good new. HOWEVER... be aware of the following:

    1) You should first send a demand letter, probably certified return receipt, to attempt to collect the debt. This also notifies the debtor of the judgment (which you may have to do, see what the court rules are with regard to your judgment prior to execution.)

    2) If the debtor does not respond or does not file a "order to show cause" in order to "vacate" the judgment (which means he claims he never knew about the court hearing for good reason and should have the judgment stricken and get another chance to have his day in court) then you may want to file a lien against him -- and you probably want those expenses to be added on to the judgment.

    3) If he owns a company you may not be able to file a lien against the corporation since it is a separate entity. You may be able to garnish his wages -- but something tells me he may not comply. You may want to try to find his bank accounts. If you know where he banks then you want to file an information subpoena with a restraining order in addition.

    4) You will need to have the Marshal execute on the judgment. More costs to be added in and hopefully added to your costs to remove from the debtor's account.

    This is why, unfortunately, the legal system is problematic in that it justice is not done efficiently so as to motivate people not to take the law into their own hands. However, for this small amount of money the lien could be far more painful than the execution. Should he wish to get a loan for a house or something else... ouch!
     

Share This Page

Thread Status:
Not open for further replies.