I won in court...now what?

Discussion in 'Business Operations' started by eggy, Jan 3, 2002.

  1. eggy

    eggy LawnSite Senior Member
    Posts: 931

    Well I recently took a customer to small claims for about $2,500.00 and won due to the fact they didnt show. So what do I need to do now to get money from this company?
     
  2. I dont know about your location but here where im at you will have to send out one more summons to court ,then if they dont show , the judge issues a citation. If they dont show at the citation hearing the judge issues an arrest warrent and the county sheriffs police go and arrest the party .
    We have had some the judge let pay a little at a time .
    And some have filed bankrupsey and all we got was the bond they had to put up when they got arrested.
     
  3. eslawns

    eslawns LawnSite Senior Member
    Posts: 712

    This will depend on the laws of your state. Since you said this is a company, you may need to see if they have filed bankruptcy. If they have, there is probably a specific time frame in which you need to initiate some type of action. You may be able to find out from the court which issued judgement how to go about getting the money.
     
  4. solaras

    solaras LawnSite Member
    Posts: 55

    Make contact and let them know the judgement. See if they will pay the full ammount, if not setup payment plan. If they refuse to pay put a lein on EVERYTHING that they own. Courts usually have a library that you can research these items.. Good luck!!
     
  5. HBFOXJr

    HBFOXJr LawnSite Bronze Member
    Posts: 1,706

    I think this varies among states but I don't think you need to do much other than follow up the procedural trail.

    Your sitiutation can happen here in NJ but if they don't pay in a ceratin time the judge puts them in default and a lein is filed against them. This messes with their credit and ability to borrow. You may be down on a lein list but if they liquidate property you get paid something if not in full. You also get interest.

    Check with the courts. There is most likely a print out the court can give you of what happens or what to do.

    Let us know.
     
  6. Vary's from state to state.

    Here in Oregon it remains a civil matter all the way. You have the judgement, now you may need to file a judgement and/or lien on any real property if they own any. That would at least secure your payment at 9% interest until you have some way of foreclosing on the lien. You have to get very creative and do a lot of research sometimes before finding a way to get the money.

    I know if a lot of Eastern states if it is not paid, it becomes criminal. That woulod make it pretty easy.
     
  7. MikeC

    MikeC LawnSite Member
    Posts: 18

    Dave:
    Unrelated to this post. Could you e-mail me another copy of your cost spreadsheet. My computer crashed, and I lost all data.
    Thanks,
    Mike Clifford
    e-mail: msclifford@home.com
     
  8. Atlantic Lawn

    Atlantic Lawn LawnSite Senior Member
    Male, from Outer Banks NC
    Posts: 938

    In NC you must wait for 10 days, after that time you go over to the courts and record a lien, usually another fee.Then when they go to sell their property you will be awarded your money.If it's a mechanics lien then I believe it's different.Do not set up a payment plan, I think if they send you one payment they are no longer in default.I'm not a lawyer and I'm not trying to play one on Lawnsite, just tryin' to help. I turn people over to collection agencies now and have had less hassle and a higher sucess rate.
     
  9. osc

    osc LawnSite Senior Member
    Posts: 502

    You mean you walked out of the courtroom without asking the judge what to do next? He has an office and you need to call him first thing.
     
  10. Greens Keeper

    Greens Keeper LawnSite Member
    Posts: 35

    I'm hopping mad about this one. Put a garnishment on any account this person may have. that will wake them up. When they need their bank account YOU stand in the way. They will try and feed you any thing you will bite on to settle. DO NOT STOP You spent time and money to get the judgement that you won't get back in any prommises or favors. Those are Over now. ONLY settle for every dime they owe you. Why BECAUSE YOU ARE DONE WORKING FOR THEM. Can you tell I'm mad. IT HAPPENED TO ME.:blob4: :blob1: :mad:
     

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