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Mercnbeth -> RE: Small Claims Collections (9/5/2007 11:53:49 AM)
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There are infinite ways to collect upon a judgment and an equal amount of ways to avoid paying on a judgment.
I'll give you some ideas, but this in no way indicates the details of the process nor the expense and time it takes to get your money. You also have to consider if the money is worth it. You need to
Of course - to me, its a LOT about the revenge factor. You may not get your "pound of flesh" but you may get your money's worth in satisfaction making her life miserable. Here are a few ideas. Some you can do on your own, some will require outside sources.
- If you know that she is owner of any real property - file a lien on it, using your court ordered judgment. You can walk this though yourself by going into the county clerk's office. You may not be able to effect a foreclosure, however whenever the property is sold, or there is an attempt to refinance - your judgment, plus interest, would be paid. Even if you don't see any money, maybe your grandchildren will.
- File your judgment with every credit reporting bureau. To get your judgment on her record you need to get the necessary paperwork and submit it to the credit bureaus. You'll have to provide them a copy of the court order. If nothing else - this will make sure your judgment is "on the record". I don't know the current reliability regarding Small Claims Court's reporting judgments to the credit bureaus. It doesn't hurt to follow up and make sure you're judgment is on record.
- Do an asset search. Equifax is one of the largest and best services for this. This can be expensive. If you know that this won't turn up any significant assets that you don't know about - skip this.
- If there are any assets file a lien against them. The best assets are liquid assets; a car, motorcycle, bicycle, are the most obvious. However, you can file a UCC filing against any assets such as furniture, or other items such as computer equipment, video games, stereo equipment. Ideally - file a "Blanket" UCC using language such as "ALL REAL GOODS AND PROPERTY AT (Fill in address)". Once filed depending upon your local regulations you can have the sheriff go and pick up the property.
Remember - the cost of collecting your judgment can be added to the amount due you. You'll have out of pocket expenses but if you know of an asset that exceeds the value of your judgment that's the best case. For example, if your judgment is for $2,000 but you know she owns a car free and clear worth $3,500 (check the 'Blue Book' value) you can take your judgment and the details of the car to a professional re-possessor, and let him go get the car. The $1,500 should more than cover the cost upon sale. You'll have to reimburse any money received from the sale exceeding your judgment and cost.
There are specific "right to cure" statutes unique to localities. You may want to start the process by going in or calling your local sheriff's office to find out what the rules are for your area. Come to think of it, that's really the best place to start the process. Go in with your court papers and ask the Sheriff's office what is the most effective.
I've left out more than I've told. Expect many pitfalls, lots of paperwork, lots of frustration, and most of all expect to spend time and energy. Place a value on that before you start and don't exceed your budget.
Finally - keep in mind a couple old sayings: "The best revenge is living a good life" "Chalk it up to experience." Good luck!
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