How to Collect a Judgment - Lehto's Law Ep. 5.34
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- Опубликовано: 30 сен 2024
- I get asked about collecting on a judgment. You won the case; how do you get them to pay? My advice is based on Michigan law. The laws may vary in your state.
www.lehtoslaw.com
The town doctor where I lived had to sue a guy named Ted. It took a while to get his settlement so he seized the guys car and ended up owning it. He drove that car around town all the time as long as I can remember, at least 25 years. The license plate said "TEDCAR".
That's hilarious 😂
That's awesome 🤣🤣
What an a hole
@leighanneboles4386 yeah but that's equitable relief
Has a judgement in the face and their negotiation tactic is “we’re not going to pay.” That’s not how this works 😂
Years ago I was sued by a man for breach of contract. He won with a small addendum that he had to give me time to make it right. He made a move before the time allowed and still tried to collect from me. The judge told him that he was in breach of the agreement and would get nothing from me.
It sucks that he was even put in the situation to have to fight in court.
@@Theooogurl he was put in that place by a young man myself being stupid because he listened to a controlling and manipulative woman. Honestly the man was selling the land and I was trying to remodel what little trailer was there but didn't have a lot of time. It all just fell apart
I want to thank you so much for sharing this video. After watching your video I was able to collect all the correct info, hired an attorney and got the wage garnishment done and now have started collecting after 12 years of the person dodging me. Thank you thank you
As a contractor, I did some remodeling for a towing company and he wouldn't pay. I liened the building the painter told the guy to pay up!
The owner said, what are you going to do lien the building? The painter said, no. I'm going to lien all the license plates od your tow trucks. He got paid, I didn't.
I put a lien on a guys house after a small claims court judgement.
Got paid 8 years later.
@@FreedomsNurse 18% !
I worked for a plumber back in college doing office work. They had a small claims judgement against a landlord they did quite a bit of work for. The owners ended up sending the sheriff out to collect the rent on the properties for a couple months.
Steve I will never put out of business but I’m a subcontractor and have collected at least 3 times over the years by picketing their model home. Of course these are not gated communities but you could picket at the gate .This really hurt sales they have called the cops before and as long as your on a public street your ok . I did have a cop come and explain this to the builder that did not pay and in GreatFall s Va . As long as I don’t have more than 5 people I’m ok and if I do I need to get a 25 dollar permit and it’s easy to get but you have to have a Porta john on site that’s what the permit is for the cop said. Can you imagine a Porta john out side a model home lol.
Steve I have rarely been able to collect a penny on a judgment. This wonderful thing called bankruptcy usually happens long before any judgment or soon thereafter. Also if your going through court to get the judgment your usually an unsecured creditor. So it seems that the majority of the time some form of bankruptcy is enacted as soon as I file the court case to start getting a judgment. It seems your used to going after people that just chose to not pay but have assets. That is rarely the case around here. People that do not pay usually just do not have assets to pay with.
You can get court payment orders that ignore bankruptcy, student debt is one of them.
This is the situation my family is in. The individual the judgment is against has no assets and they simply don't care. They have no job, live in someone else's house, drive someone else's vehicle.
And this person is 100% content to live that lifestyle.
@@Cautionary_Tale_Harris You should have never bothered with it then.
@@robert5 It's very clear the law is set up to defend people like that. They just go through life with absolutely no responsibilities and if you're unfortunate enough to live near them, their choices could cost you out of pocket and there's nothing you can do about it.
@@Cautionary_Tale_Harris I used to own an ISP business and met plenty of them. They would sign up and I'd never collect any further payments from them. They would just push it as far as I'd let it go before cancelling them and then I'd never collect anything after that. So yes I know about these people. Live and learn.
got a judgement on a guy here in texas-he thought he could refuse to pay me thinking i a handicapped woman without a vehicle. first i had one of his cars towed off and sold at auction for chump change and he calls me cussing wanting to make payments but never showing up, now i have paid the fee for a garnishment of his bank account which will occur by weeks end. i already checked his balance, my money is in there. its his own fault so i feel no pity for him cant wait to get his call after his bank account is locked and emptied by he collection agentfor theJP
did you do this yourself or did you use an attorney? I just got a judgement, but am worried i cant collect on it.
How come if you the citizen, owe the court money you get a warrant put out for you,, If you don't pay, But if a citizen gets a judgement against them in your favor,, YO ASS IS ON YO OWN NIGGA.. you gots to collect yo own money..
Tell me about it this bs.. someone owe me money n refuse to pay
I had an individual who owed me $300 for some work I did and would not pay. I took him to small claims and he defaulted so I had a judgement. Rather than go after his bank account which was probably empty I sent the deputy after his Harley Davidson. I got paid cash the next day. Dirtbags will give up children and wives before giving up the Harley.
I have the same issue with this dirtbag..I gave him $380 for a custom entry door and he never made anything! I'm going to take him to small claims court...I'm 100% positive I'll get a judgment against him...after I win. what's documents do I need to seize his property or his tax returns. I forgot to mention he does have a business. Appreciate the help
Several years ago in Virginia I had a judgement in Small Claims against an individual. He was a pain in the a$$ both pre and post judgement. I wanted him to set up a payment plan but he stopped all communication. I went back to court and they helped me place a lien on his property which got his wife's attention, they never once missed a payment
How did you do that? I am in a similar situation resulting to going after his home but not sure how to put a lien on it. You hire a lawyer? Was it just a matter of filing some documents and listing his home property or do you need his bank/lender info? What state are you in? Filing in DC. Thanks for the help.
Don't forget you are under no legal obligation to answer your door to anyone for any reason ever. You aren't even obligated to hide the fact you're home if so choose not to, it is all about how much harassment are you willing to take if you don't go into ninja mode when they come to your door. They will not stalk your property to try and catch you, they do like early morning pop-ins to increase the odds you, or someone else will be there to answer your door. However any asset not under lock and key (like a vehicle) they can run a search on the plates/vin # and if your name is on it (yes even if your partners/wife's name is on it as well) they can take it rather you answer or not. Note that if you do answer the door and they have a writ, you cannot stop them from executing it against you, if need be a police officer can place you into his custody to prevent you from acting on any opportunity to interfere while they're executing the writ..........
I better state that by using they, them I am referring to the court officers or sheriffs deputies the creditor who obtained the judgement against you is not allowed to participate in the execution of a writ...........
Creditors use a tactic where they will tell you that they can initiate a sheriffs sale against you if you don't pay on a judgement, but that simply isn't true. Sheriff's sales only apply to court ordered bank foreclosures, not any judgement granted there after, only the original foreclosure.........
You can also sell/reassign the judgement to a 3rd party for various collection actions, if 30 cents on the dollar is better than no cents on the dollar this might be worth it to you. There are also judgement investors and judgement investor scams so be careful..............
Personally, I think we should be allowed to opt out of letting people knock on our doors altogether. The only people who knock on my door at home or show up unexpected at my office are people I'd rather not deal with.
From what a friend found talking to the county sheriff here (Oregon) getting a writ of execution filled out there is specific language that can be used. Along the lines of "all force authorized" that will allow the sheriff to break down the door to get stuff to auction off. Lacking that language, they can only seize assets in the yard that they can find (cars, etc) but the only thing preventing someone with a judgement from including that language is lacking the knowledge that it can be legally authorized by the person with the judgement on the writ. I am not a lawyer, nor directly involved in any debt collection, and might be specific to some states/situation, so take this all with a grain of salt.
@@stevelehto Yeah putting up signs that say no service, no solicitation, etc ect, ect don't work when posted as if you're placing a no trespassing sign on your property, people just do not read them, or they flat out ignore them. However I have a fix that has kept salesmen from my door. I bought a thermostat enclosure (the kind used to lock out access to thermostats) I removed the lock, so it is just basically a see thru plastic cover. I have installed it over my doorbell, and used vinyl lettering that states to ring doorbell lift here, but it also says if you're in the process of soliciting do not ring my doorbell. I also used the same vinyl lettering on my always locked 100% glass storm door that says do not knock on glass, forcing people to have to read the doorbell cover. It works very well in the 2 years I have been doing it, people just leave without knocking or ringing.
Best not to get into a situation where you're owed money... Landlords should get a deposit and first month's rent in advance... make sure you stay ahead...
Don't get involved with anybody or business heading into bankruptcy...
In Jerseyville, IL you can get judgements, but you will never collect anything, especially if you are not from there.
Judgements on bad renters, fraud, or personal claims.
The local judge refuses to order the other party to pay you or to set up a payment plan.
You will have to go the other routes.
You cannot put liens on anything because they do not own anything.
You cannot take their bank accounts because they do not have any.
The only thing that helped me was to notify the credit reporting companies.
Eventually, they will want a new car or home, and they will have to pay you first.
That has happened twice.
Steve, Thanks for all the great videos. In my rural county in Alabama the circuit clerk has NEVER seen an execution in 12 years when I presented one yesterday 12/19/19. Does the execution take priority over items with bank loans? Does the bank take second position? Incidentally I have 2 months left on this judgement before expiration. You would be surprised what ten years does to $2500 at 12%. I talked to the sheriff of that county a few minutes ago (it's easier here - you should meet this guy, he is a treasurer like from an old movie). He says that he hasn't seen a Writ of Execution in over 20 years. In case you are interested in South law, he says that they go to the residence, present the document, mark it as "nothing found," and the debtor then is brought before the judge (of three adjacent counties). I assume at that point I (or the judge) asks him under oath about his assets.
That’s great. I just dropped off my documents for the sherif to deliver. Will see how that works out. The county wasn’t very familiar with the issue process.
Been there did everything in the video. Even had him thrown in jail. Even hired debt collectors. He beat the system by putting his money in a corporation his girlfriend owned. I could not get to it according to my lawyer. All his assets were in this corp. I could not collect from his retirement accounts by law. He beat the system
Wow people will go to no end to avoid being accountable to their mistakes
You can try to pierce the corporate veil on the basis of fraud, commingling of personal assets with business assets, and possibly failure to follow corporate formalities, like having regular board meetings.
I tried that my lawyer thought it was too hard. It was a strange Corp owned by his live in girl friend. He basically trusted all his assets to her.
Here in Texas, it's very difficult to collect because Texas law is in favor of debtors not creditors. They cannot garnish your paycheck. If you are on Social Security or Social Security Disability, then your bank account is safe. Your paycheck can be seized if it's been deposited into a bank account.
Always a pleasure watching your videos Steve! If I ever need a lawyer for traffic, or consumer issues, I'll will be calling you! Yes I'm in SE Michigan...lol
I couldn't get the sheriff to execute...too much trouble for a mere $900. But 9 years later (having filed it in 2 counties) they tried to refinance and had to pay the judgment out of the loan proceeds … :)
nice!
Thanks Steve, that was very informative.
I had a friend in California with an acoustic ceiling business. He sometimes was stiffed by general contractors when a project went belly-up. When he won a judgement in court, he would ask the judge to have the bailiff take what the defendant had right then. There is a Latin term for this, which I don't know. These contractors often had lots of cash on them because 1) they were wealthy, and 2) they often tried to shield their money from a pending judgement (they know they're going to lose). He said, it was humiliating to the defendant and that was all he'd probably get. He would take every penny.
If I remember my high school Latin class, I think it was something like Arrepto bonorum, or “seizing assets” the correct response is “Seize this, Honkus!” 😂 (Thank you, Mel Brooks)
Steve - no one hates judgments as much as employers who have to deal with garnishments. I know of several companies that I have worked at where they terminate employees on the third garnishment. It is a royal PITA for meas a plant controller to have to cut special checks to courts or collection agencies ... especially when garnishments are paid out weekly.
Considering you'd have to be in some real deep shit to have 3 garnishments, I dont blame the employers. You are Federally protected for ONE garnishment.
Great video. Doesn't do much good to win in court if you don't receive whatever was awarded to you.
All my money and everything I own is in a Montana LLC. :-)
@@rockymntnliberty Um I have the LLC buy it with a corp credit card from a..... Blue Apron and have it sent to me at a PO box. ;-) < note smiley
Someone may appear with a herd dog and wrangle your wealth on the hoof off to the dog food cannery.
@@rockymntnliberty Considering the main guy ended up shot to death, id say yeah, it didnt work out so well.
You don't own it if it's in an LLC. Gotta watch how you say things to avoid troubles.
This is the best info I’ve found. I’ve searched and actually called a few supposed specialists that do collections but never got anywhere. At least now I know what to ask for
Can you get a judgement against a government agency? In 2016 I was overpaid $81.00 for unemployment. In July, 2020 I placed an unemployment claim and found I don't quality because of that over payment. Between late fees, penalties, and compound interest on those fees I now owe over $5,500.00. That seems just unreasonable to me, even if the law does allow it.
No, they have immunity.
I Won a large judgement in Michigan. Wanna represent me?
This is about as savage as I’ve ever seen Steve.
Steve "Zero Fucks Given" Lehto
The part about cockroaches hahaha
I have a friend in Michigan who had a judgement against the municipality he used to work for as a police officer and retired from. The municipality (not happy with the judgement) didn't pay and the appeal period expired. So, on the Friday (which happened to be a holiday weekend, he had papers served, in essence shutting down the municipality until court resumed the following Tuesday. He was nice enough to phone a friend who still worked in the clerk's office to let them know what was about to happen. In the case of the municipality, their budget accounts and all assets were froze until a check was hand delivered by a smiling police officer.
well it was an individual that worked for that town who made that decision and they should have been fired.
@@sanansa4567 It was the municipal council that decided they weren't going to pay and refused to direct the clerk to make the payment.
Judgment free Person. Uses boyfriend's bank, no job, lives at boyfriend's home, and child support office unsuccessful with garnishment. Only asset would be a car thats not paid off.
How do i collect?
Levy
Execution order for levy
My lawyer on my case re-docketed the whole case in 2014 so does that mean that it’s good until 2024? I’m owed $586,000 plus interest on a 2006 beating that almost made me a vegetable for life….
Thanks
I won a small claims case & took me 2 years to collect from the small business. I kept at it, & with some amateur detective work, I got paid. Funny thing is, I won the case without dispute, since the defending party failed to appear. The judge didn't even look at my evidence. I should have sued for the max amount allowable!
Pro Builder how did you collect?
@@Superpaul205 He probably confiscated some of their property using legal means available to him in his state. Check your state laws. I live in MI now but recently moved from WA state. In wa state you can sue in small claims court and then pay a small fee to transfer the judgement to state court. After that you can show up with a sheriff and a moving van and empty out their house or business and auction that stuff off to pay the judgement amount plus expenses. I used to have a business in wa state and used the threat of that to get paid by many customers who owed me money.
Years ago I had to bring a former landlady to small claims because she refused to return our security deposit after we moved out. She showed up for the initial hearing date, but our case got rescheduled before we could see the judge. On the rescheduled date, she didn't bother to show, so we got a default judgement in our favor. She never paid, and I expect she decided she was just going to ignore the whole deal since she had already verbally expressed how she felt she wanted to keep the deposit.
Once she was served a summons by the sheriff for a disclosure hearing (similar to the creditor's exam Steve mentions), she freaked out and hired herself a lawyer. I was told by friends in the profession that the lawyer she chose was particularly expensive for the area. I expect he collected a hefty fee to explain to her that yes, she does need to comply with a court judgment. We got a check with a letter from her lawyer right before the hearing.
I have been trying to collect on lady for 5 years, how can I hire you for your services. She didn't show up to to the debtors examination?
I read on article within the last year that a guy got a judgment against Bank Of America after they had screwed him some how, and was loading BOA's stuff into Uhaul trucks. I think they maybe took his house and belongings when he didn't even have a mortgage with BOA. I loved this story.
Here's a link. business.time.com/2011/06/06/homeowner-forecloses-on-bank-of-america-yes-you-heard-that-right/
Great info and great video. I just had to put a lien on a customer for nonpayment of 20.000.00$
One rule to remember Don't sue someone who doesn't have any money. Not only they don't want to pay they can't
I just won mine but she said I’ll probably won’t see it because he owes me child support and that’s a priority even though the child support is to me aswell 😅
That’s some legal biopic shit right there. Stay strong!
But if a parsley farmer has a judgment, can you garnish his wages?
Love the D104 on the shelf. Had those when I was young. Back then our Social Media was Citizen Band. :)
Also would you be willing to do a short vid on best questions to ask during the debtor examination? Questions that would help disclose assets that the debtor has tried to hide? Thanks again for these great videos! Ur the best! (The Judgment I received is against an individual that resides in the District of Columbia and has an office in Virginia)
Hey Steve, I heard you mention something about garnishing a tax return and I was wondering if you could make a video on that. I heard a story about a guy in Florida that owed quite a bit of money to some credit card companies and instead of paying them off he put his entire paycheck into taxes. The story goes, every time they tried to file papers to garnish wages they had to pay some amount of money, and after a year or two of this guy living on a well budgeted tax return check, the credit company stopped trying to garnish his wages. Can you let me know if this story is possible or not?
I remember when Denny got out of jail years ago and he was working at a 7-11 on Mound/16 mile!
If the auto or house is not in the debtors you can not enforce the rite of execution. Nor can you garish social security or pensions.
I noticed that you deleted my commit about joint banks accounts. If the debtor has a joint bank account it can not be garnished because the other person is not involved. If you are going to have a public reply do not censer the content. Just because you do not agree with the content. I did not say anything inproper.
Steve, I have a judgement on a person.. He has deceased... How do I determine if there is an estate or get an examination of finances?
What if they move to another state?
It follows you like a dark angry cloud (of hornets) dogging your heels (like the posties best yappy friend).
Hi, Steve. I am in Florida. I found the home of the person who owes me money and got my execution form stamped but the sheriff won’t accept it. He says I need a lawyer. Says there are a lot of steps before he can actually seize property and he tell me the steps / says I will be confused.
The pitfalls to Debtor Exams is they warn the Debtor to take evasive actions to hide assets and otherwise thwart the creditor's efforts.
Can't garnish wages in Texas unless it's child support, student loans or unpaid income taxes.
Hey Steve, a question for you. Let's say I sue my landlord for $500 and I win in small claims. With a judgment against him, I try to collect. Can I add the collection fees to the judgment? Do you need to go to the court again to do so?
Best way if you ask me is to deduct that from the next rent payment.
Heads up to all. Think before you get into this situation. But if ones thinks he or she is smarter go for it. But as for me I'm trying not to owe anyone nothing.
Does this also work for restitution monies? I’m in Wa State. Was a victim of assault / robbery (stole my $650 phone) happened in 2014 the defendant was 14 at the time. Thanks
What if the person has no job, nothing at all in their name, lives w their parents and collects disability benefits you can't garnish. That's the boat I'm in and this person should have done jail time for what they did to me but bc of covid they did NOTHING. So zero justice ⚖️
So it's harder to collect from the companies that are worth a trillion dollars and higher. I have to go in on Monday to enforce the settlement
Steve I need your help like majorly. I have every bit of evidence I need just nobody to help me put it together and go through the motions
I'm willing to pay $60 to 80% of anything recovered
"Make them an offer they can't refuse" - Don Lehto.
Steve, If there is an auction could I as the person who "sued and won" bid on the tools at that auction? The idea would be I would get a super deal on the tools and get my money back too. Then maybe sell the tools on Ebay. Is that legally "Kosher?"
Yes, you can usually attend the auction and bid if you like. The more the merrier!
Oh my god this is evil lol
I love this legal shit
This is the information I was looking for. Very well explained thank you. It’s time I collect my judgement.
Super helpful video. I’m gonna go after this peace of shit.
I live in Norway, so rules are probably different here, but I remember vividly some 20 years ago, when I was unemployed and sometimes couldn't afford paying all my bills on time. I would simply call the electricity company, phone company or whatever I couldn't pay, and say: "I'm really sorry, but I don't have the money for this when this bill is due. I will get the money for it in 10 days (or whatever)."
They would without exception say: "No problem, we'll just extend your due-date."
I can't remember that they ever charged me any interest, even though that was within their rights. So my experience, even though it's from another country, is that creditors are willing to work with you, IF you call them before shit hits the fan, and just explain the situation to them.
I'm sure they kept records of your calls. If you called again, some months later, they could see you kept your word and paid within the extended due-date, so they would work with you once again. I suspect it's simpler to work with a willing and honest customer, versus the expense of courts, so a win-win for both parties.
Your comment has very good advice! I hope you are in a much better financial position now. Best wishes....
@@reginaschellhaas1395 Indeed, they would log it in their database/customer system, so they could definitely keep track of it.
I suspect it's better for everyone and it also kept me as a costumer happy, since I knew it wouldn't be a problem. A happy and loyal costumer is better than losing one.
Thank you, my financial status is much better these days, as I actually have a stable job. 😊
The guy i have a default judgment against doesn't even bother to show up to court. He claims to be judgment proof and refuses to pay me. what can i do next? I'm just awaiting court date that are so pushed out. help??
Great Information, Thank You
Cockroach sums up everything :-)
If you have a writ, and they say they want to set up a payment plan, how do you ensure you don't have to go back to court if they fail to pay? Like maybe they pay for a while, and then stop? Can you just go back to executing the writ, or do you need a new judgement?
I'd like to know too - had someone make small payments on a $1000 judgement, then stopped. I never agreed to payments in the first place.
Is illegal immigrant judgment proof?
I was defrauded by one and she says "I got nothing to lose because I have no SSN or anything!" after she scammed me $23,000
I sued her at small claim court and waiting for the judgment and wondering what to do next
Hi Steve, what about when say a state attorney general sues on behalf of several plantiffs and the state wins and judgement against defendant is determined (both monetary and loss of ability to do business in that state) how do they/we collect. Short version, lawyer was supposed to be negotiating real estate loan modification but apparently didnt do as stated.?
I rear-ended a drunk guy, Geico is offering him $20,000, his lawyer wants 28,000, I have zero assets, zero income, less than $20 in the bank, I have filed zero on my taxes for three years, after I rear-ended the guy he didn’t want to stay around to talk to the police so I am the only one with a police report, I was not ticketed or given a citation for the accident. And I’m moving back to Hawaii in 60 days to live with my eldest son, so I think the guy is dreaming if he thinks he’s going to get one penny out of me.
Steve, this is probably one of the best and informative videos you've produced! Thks
There are more ways to prevent a victim from collecting (from an individual and not one with above average income and credit). The 2nd problem stays there-in the word "collectable."
The 1st problem several fold... 1) This government has put up so many road blocks it is not funny. The courts have NEVER helped me, but rather it has ALWAYS blocked any Avenue of persuit. Next, you as a victim will be CHARGED before you can collect AND if you don't Collect you won't get that money back. Also, IF you haven't noticed... you will be chasing your tail.
Garnished wages: So you garnish their wages, they lose their job, you never get paid.
You will also be "charged" for everything you try.
Most (by far) of the people who victimize others on purpose, don't own realistate, have a poor job, or NO job. WOULD RATHER STAY POOR FOR THE REST OF THEIR LIFE THAN PAY YOU. They will build their life around never paying you.
One More: Solomon taught a person should be re-paid 7 times the damages... Jesus taught 4 times, and both are correct according to the circumstances. Here The very first action the courts make is to diminish what your loss is and have it become a small fraction compared to true damages. His are YOU going to get properly re-imbursed when to start with the Courts Cheat You???
I was always informed those Judgements have no expiration date, no statute of limitations, when did this change AND You MUST pay for that re-instatement??? So... the Courts have figured out how to victimize the victim even more! That is pure Evil.
Sorry, one more thing... When you begin the process of Re-instatement of a debt... that person gets informed BEFORE it gets to Court and simply hides any wealth accrued if they had not already kept themselves "poor on paper." (I did not have to look this up even though I never heard you had to re-new it every 10 years, the reason is simply because that is how it works with all the other processes.
Due to these acts of Lunacy, Slavery needs to be brought back. A victim should never have to remain a victim. Crime made profitable is the reason we have to lock our houses every time we leave.
Worse yet, the judge NEVER asks the criminal if they are going to, or are willing to pay restitution. This is so the criminal cannot be held in contempt for perjury or not paying. Yes, this is yet another protection for the criminal. The judge can order it, but then does not have to enforce it.
Judgments aginst right person awesome. Better investment. Man refused pay. No worries. Years later he died no worries. One day out blue two sons come knocking what's this you had with our dad. They couldnt sale some land till I was paid. 12.3% monthly. cha ching windfall wasnt expecting.
Florida resident/ retiree = judgment proof, literally. An unsecured, non-governmental creditor cannot reach the assets of the individual as they are at that moment in time, even utilizing legal processes which were designed to allow creditors to recover money from debtors such as execution and garnishment.The protections which may apply to an individual to render them judgment proof in Florida are protections which must be affirmatively sought by the individual seeking to benefit from them. Judgments no longer appear on your credit report as of 2017. Federal law allows only state and federal government agencies (not individual or private creditors) to take your refund as payment toward a debt.
yup, "uncollectible entitles." after I secured a judgement against a construction firm, I didn't have the $30k to "pierce the corporate veil" to prove the principals in the company failed to behave as a corporation.
that didn't stop them from declaring their company bankrupt and then five of them declaring personal bankruptcy as well.
in America, you're entitled to all the justice you can afford.
In Washington a procedure that I have used when I had a small claims judgement; wait the 21 days, take your judgement into the District court clerk, for a few bucks register/file the judgement with them, then walk across the hallway to Superior court clerk and register/file it with them, then it becomes a lien against their property. This is where it apparently goes on their credit report and when they sell their property, you get a check.
What if they don’t own property though?
Move to Ukraine or Vietnam us laws not valid there for court judgements
I knew I guy that got together with some buddies. Form a corporation then "rented" everything he owned from said corporation. Got sued lost, but they walked away with nothing because on paper he had no assets.
how do u collect when someone's assets are in their hub's name? what if they get divorced after the judgement?
First Steve. Great segment.
During the Reset Asset Hearing, I actually told the Judge that the woman I’m suing is wearing a silver ring 🤣 So, the Judge got annoyed at me and told me that I can’t stand there & try to get her ring lmaoooo
Very interesting video! Thanks!
Great video Steve. I’m in similar situation. Defendnt never showed up for debtor exam and now has warrant against them. I also filed to seize their property. But the processor said that they’re not answering their door or letting him enter. And processor is not willing to do anything about it. I have also filed for wage garnishment but that’s also not getting received from their employer.
Do I have any options to make peocessor execute the sieze order? Can i change processor?
Last option I’m considering is to put lien on their house but i guess that still doesn’t get me money right?
Thanks
Thank you for this information. I am getting ready to go to small claims court for a contractor that took me for $6700. So did I understand correctly, that all of this information pertains to small claims court too?
Judgments from small claims are pretty much the same as judgments from the regular courts, except they might be smaller.
There are two shows called The Sheriffs Are Coming and Can't Pay We'll Take It Away. Shows how this exact scenario takes place in the U.K. with command of the high court.
Round of applause here 👏🏾👏🏾👏🏾 Thanx
I am owed over $169,000.00 in restitution between 5 different people. When the restitution was ordered, the prosecuting attorney was marching around in the courtroom stating how this restitution was guaranteed to be collected due to every missed payment would result in a 6 week stay in jail ; A year after that they changed the restitution laws to where they no longer enforced restation to be paid . I called the Prosecuting attorney office and told them that not a penny had been attempted to be paid, so how about their guarantee? He tells me there isn't a single judge in the County that would enforce that court order to be paid. I ask how do you make these statements in court and then refuse to honor them? Isn't that fraud or at least breech of implied intent? NO and hung up the phone. They issue court orders but refuse to honor them themselves
Perfect timing for where I’m at. 👍🏼
Dyammmm thanks for this I am having issues with my contractor.
Ok so let me get this straight. Some guy owns a trailer in a trailer park(single wide) and an old truck full of his sheet rock mudding tools. he pulls in barely enough money for food and trailer rent. You can go take his tools 1970's pickup and trailer?
Yes and don't kid yourself if this guy bust his butt he does well enough. Some people live like that because they want to or they drink or party up the rest of the cash. Don't try to overthink it or sympathize, just go after him and collect what he owes you.
This is really interesting topic. I’d like to hear this expanded to car loans and repos.
Someone I sued doesn’t have much money but they are married. could I garnish wages from their spouse?
I want to know this too
I have judgement against someone . They put all vehicles into their parents name. And quit their job and moved out of state
Refreshing to view your presentations! Still have not resolved your "Benjamin" issue on your bookcase. Stay your course....
Hey Steve. Love the stories. I can’t think of a lower life form than someone who has the means doesn’t pay their bills. Just because they think they can get one over on you.
Fun and interesting British show (watch on RUclips): "Can't Pay? We'll Take it Away!" Court personnel taking stuff from businesses and homes. Most of the time, the defendants come up with the money at the last minute.
Did you see the one where they found the pot grow?
You sure have an evil little laugh whenever you mention seizing property.... you're the kind of attorney I'd want on my side :-)
You are allways good about stating that, state laws change from state to state. I can't think of a circumstance where this is more true, than post judgement collections. In Texas where I reside, wages are not garnishable, your homestead and primary car are exempted from a writ of execution..
Small corporations are even worse because they often transfer their assets to other shells before judgment.
Eric Eglish That maneuver usually constitutes the crime of fraud which becomes one of justifications for piercing the corporate veil.
Absolutely correct, but it is still super common. Having tangible assets leased from shells is also common.
In some states - like Florida - there are homestead laws that prevent lien foreclosure on someone’s homestead (the house owned and lived in by the debtor) until the property is sold. That’s why Florida is a debtors paradise for some wealthy individuals with lots of legal issues. People don’t always move here just for the weather.
Question for Steve:. If a Writ of Execution was filed. If the person had room mate(s). How would you ( or the court) prove what actually belongs to the person with the judgement, and what belongs to their roommates.
That's a great question!
Under those circumstances if you are a room mate you should keep your receipts for stuff you bought. Digital copies such as print or scan or photo to PDF should be good enough. Email those to your phone and copy to your phones memory to be sure you have access if needed.
Anyone has an idea if both parties win in small claims, I was sued $1200 but counterclaim and won. I won 5000. How do I proceed to settle this decision by small claims court?
The other party won the 1200
First of all, thanks for this informative video! I won a judgment filed in a NY State court against two non-paying tenants. Will this judgment go on their credit reports, so for example, if they try to get a loan or find a new rental, the judgment will appear? Also, do I need to have their SS numbers to go after them and get the money they owe? Without SS numbers attached to their names how can the judgment get into their credit reports?