I won in court...now what?

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

  1. eggy

    eggy LawnSite Senior Member
    Posts: 953

    Thanks guys, I know they have the money but the lawn guy gets it last......
     
  2. In Colorado when you win in small claims court you can file a judgement lien against the property for about $15. It is good for 6 years and accrues interst at 12%, unless specified in your contract. This will make it hard for the customer to borrow money until they pay you, it really strenghtens your collection position. Our county assesor keeps property records online, so I am able to check ownership before I extend credit.You can complete the whole liening and filing process in a few hours, plus recover all costs when you collect. The lien must be paid before they can sell the house. Yes they can bond around a lien, but for the dollars involved it is just as easy to pay. The listing agent can help you motivate the deadbeat at this point, they may have as big or bigger financial stake than you do. I save my serious collection work and court dates for the off season. No sense in wasting good production time with losers. Try Nolo publishing for State specific small claims information.
     
  3. Five Star Lawn Care LLC

    Five Star Lawn Care LLC LawnSite Bronze Member
    Posts: 1,005

    Hey Eggy have u ever considered wage garnishment. we were in the same situation last year in Michigan and after he didnt show and we won the case we filed for his wages to be garnished. The employer is required to coperate by the court and we were able to collect the money. maybe this will apply in your case, but i have no idea how it varys from state to state....good luck
     
  4. eggy

    eggy LawnSite Senior Member
    Posts: 953

    Well guys I filed the Pro Supplement which requires the defendent to appear in court so the Judge can ask them quesions about accounts they have assets etc. Guess what A day before that I recieved a notice where the asked that to be delayed. It seems they are trying everything. The judgment against then does draw intrest so that is good , but who knows what will come of this. I will not give up on collections I will contuine calling and sending late statments.
     
  5. LawnLad

    LawnLad LawnSite Senior Member
    Posts: 738

    What stinks about the judgement is that though you won... the burden of collection is still yours. You still have to chase them. You're just closing in on them.

    You might consult a business attorney that does collections. An hour of conversation will give you a wealth of information that you can use again in the future should you be unlucky enough to go through this again.

    One thing that worked for us... we photocopy all of our deposits. It helps if we make an error or the bank makes an error. But better yet, in this type of situation, you can go right for their bank account without having to wait for the debtor's exam since you have their bank account number. Assuming the money is in the account, you might be done at that point. If not... it's on to the next step. Liens, garnishing wages, etc.
     

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