how do i collect $ i won small claims court?

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how do i collect $ i won small claims court? - 9/2/2007 8:03:33 AM

pahunkboy

Posts: 33061
Joined: 2/26/2006
From: Central Pennsylvania
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this is against a foreclosure corporation- out of state.

i "won" butttttttttttttttttttttttt....there is still the 30 days to appeAL. etc

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RE: how do i collect $ i won small claims court? - 9/2/2007 10:04:56 AM

Griswold

Posts: 2739
Joined: 2/12/2007
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Small claims court is not a collection agency.

You have options (all of which should be checked out with an attorney before pursuing any of them);

1) Wait until the appeals timeline runs out and hope they pay you the judgement delivered to you in a legal court of law. If they do business in your state and have unpaid judgements against them, most government agencies will refuse to do business with them until those issues are resolved satisfactorily.

2) Lien their property using the judgement as your legal ability to claim assets against said corporation.

3) Pursue another level or step in the process (after the appeal timeline reaches it's legal limit) and they don't pay you, which probably includes things such as a forced Sheriff's sale, or possibly the right to withhold payments to the company in those adjucated amounts (if it's with a corporation that you owe money to or make monthly payments to such as the cable company, phone company, garbage company, etc.).

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RE: how do i collect $ i won small claims court? - 9/2/2007 10:15:45 AM

Real0ne

Posts: 21189
Joined: 10/25/2004
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quote:

ORIGINAL: pahunkboy

this is against a foreclosure corporation- out of state.

i "won" butttttttttttttttttttttttt....there is still the 30 days to appeAL. etc

depends on how you did it. i dont remember the intimate details but you can take a lien out against the ceo persoanlly of the corp because the corp can be shut down due to insolvency and that way still get yout money. i did this once but like 20+ years ago so i dont remember how it workds exactly.

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RE: how do i collect $ i won small claims court? - 9/2/2007 10:21:00 AM

PlayfulOne

Posts: 1047
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Your not going to get anything before the appeal time limit is up.

Have you contacted them about payment?

K

(in reply to Real0ne)

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RE: how do i collect $ i won small claims court? - 9/2/2007 10:46:57 AM

Griswold

Posts: 2739
Joined: 2/12/2007
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quote:

ORIGINAL: Real0ne

quote:

ORIGINAL: pahunkboy

this is against a foreclosure corporation- out of state.

i "won" butttttttttttttttttttttttt....there is still the 30 days to appeAL. etc

depends on how you did it. i dont remember the intimate details but you can take a lien out against the ceo persoanlly of the corp because the corp can be shut down due to insolvency and that way still get yout money. i did this once but like 20+ years ago so i dont remember how it workds exactly.

He doesn't have a judgement against the CEO...he has a judgement against the corporation.

You can lien the CEO's property only if the CEO's property has been used as collateral against loans for the corporation, thereby comingling the assets with the corporations.

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RE: how do i collect $ i won small claims court? - 9/2/2007 10:49:36 AM

Griswold

Posts: 2739
Joined: 2/12/2007
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quote:

ORIGINAL: PlayfulOne

Your not going to get anything before the appeal time limit is up.

Have you contacted them about payment?

K

Pahunk...this is the best response yet. Send them a copy of the judgement (I presume you won because the "out of state corp" never showed).

Depending on how slow or fast the court you won in gets their paperwork out and how slow or fast the out of state corp. processes same...they may not even know they lost, or for that matter, that there was even a case against them.

Send them a copy and request payment.

(in reply to PlayfulOne)

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RE: how do i collect $ i won small claims court? - 9/2/2007 1:25:02 PM

pahunkboy

Posts: 33061
Joined: 2/26/2006
From: Central Pennsylvania
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im thinking they have 30 days to appeal.

they musta refused the certified summons.

this holding company must have 3000 properties all over the USA. 975$ was easy to go after- even the commenwealth agreed in writing per this. the 5k- is abit nebulous and harder to prove-disprove

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RE: how do i collect $ i won small claims court? - 9/2/2007 3:42:56 PM

FatDomDaddy

Posts: 3183
Joined: 1/31/2004
Status: offline

Ahhh there is the ages old legal rub.

Winning is one thing, collecting is another.

Want another???

Collecting money from individuals is hard, collecting from corporations is even harder. And collecting from a paper LLC is nearly impossible.

They, whoever they is/are will only pay if it is in their best interest to do so. There must be a compelling reason to pay and a court order is not often that compelling. Hopefully for you there is some real property to go after and attach your award to. If not C'est la Vie.

(in reply to pahunkboy)

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