I just received a letter from the court saying I lost the case. It says in 10 days it becomes official. I do not have $500 in the bank to pay. I do have a job and I do have more than $500 worth of property (like my digital piano). Can I send the plaintiff $50 with a letter saying that I will pay him $50 each month until the judgement is paid off? Is that legally binding on him, or can he just go to the Sheriff on Day 10 and send him to my apartment to take away my piano?
137968
More than likely if you have a job and a bank account they will send a letter to your bank to withdraw the full amount from you account....Or take any other property worth equal value from you.  I don't think they will be interested in your piano. They look at property that is has an established "worth" with the bank...home, car, realstate property etc. You no longer have the ability to make payments you lost that privelege when your case was taken to court. The plaintiff won so if he doens't want payments and wants it as a whole sum he is entitled to this. Even if he was in the wrong and is a crook.\n\nDo not send anything directly to the car mechanic without it being documented. Especially if you aren't sure whether it is going to be garnished or not. The bank has to legally send you a letter stating that they received legal paperwork telling them to garnish your account. As does your employer if it is to be garnished from your paycheck. If it is garnished from your paycheck it will not be for the whole amount, but for a portion each paycheck. So make sure you never have $500 or more in your bank account or it all will be removed/garnished.  So, yes he can have it directly garnished from you checking account. I know that it will hurt you financially, it hurt me considerably too. Is there anyway that you can get a cash loan from a cash lending facility so that you at least can buy more time? I know this will cause you to have debt also, but the courts have the law behind them and they have every right to garnish your wages and accounts.
33214
If your boyfriend has been convicted of the crime and forced to pay restitution to his former employer, then yes, the courts and the employer can put a lien on any settlements or judgments.  They would take out whatever they were owed, up to the total amount of the settlement due, minus attorney fees.\n\nIf you have not been charged in anyway, either as part of the crime or an accessory, nor ordered to pay anything to his employer, then he would have a difficult time asserting a lien against your collection, and I doubt it would be successful.  However, laws vary by state and jurisdiction, and you should ask an attorney (probably the one who is handling your Bodily Injury case).
126221
Well I'm not in NYC but I would hope that it would take some time. Depends on how many they have to issue and if they're behind. I'm in Atlanta and went to court but I was late. Court was still in session but they told me that I would have to pay the fees as if I was paying a bond like to get out of jail or something. The fines were over a $1,000 and I just didn't have it. In order for them to give me a new court date I would have to pay the money. However, the clerk there told me it would take awhile before a warrant would be issued. That was in January. But if you weren't required to go to court then you don't have to worry anyway. Especially if it's nothing serious and just some fine needs to be paid. Like when I was in a park after dark. I just paid the fine and didn't go to court. \n\nOh, if you can't pay then when you go to court they can set you up on a payment plan(probation). I think you have to show up in court for that though. Best thing to do is have someone call,ask questions, and if everything's cool, give someone the $$$$$ so they can pay it for you. Just in case there is a warrant you won't go down there and get banged up.
630034
No, your case will now go to cival court. This time period was to establish an answer by the defendant. No answer, the defendant will now be issued a date and time for appearance. You should be receiving a notice as to your case date within 30 days. Now if the defendant does not show up for the actual case, they will probably give them one more chance to reply. If on the second appearance they do not show up, you may win the judgement by default. This why it takes a long time to settle cival matters. Also, ust because you win a judgement, don't plan on collecting. Most judgements are never collected and the party receiving the judgement usually has to place a "lien" on the defendants property to force them to pay up. The defendant them moves to another  county or state and you are back to square one. Good luck!
29360
If you've discovered all you can about the defendant's assets but can't convince him to part with any, the law has more drastic remedies up its sleeve: \n\nGarnishment. If the deadbeat has a job, or a checking or savings account, you can "garnish" assets from any of these. Garnishment allows a creditor to claim money owed and set up a payment plan. For instance, a portion of the debtor's weekly paycheck could be earmarked by his employer to be paid directly to the debtor. Things which can't be garnished include unemployment checks, social security payments, workman's compensation and welfare benefits. \nLiens. If the judgment debtor owns any real property, you can file a lien on it through the Court Clerk's office, with a copy to the County Treasurer's office. When the property is sold, you recover the amount owed. Liens need to be renewed every five years. \nWrit of Execution This is a more drastic remedy whereby a judgment creditor can seize the judgment debtor's property, get it appraised, and sell it to satisfy the judgment. If you're planning to have the deadbeat's yacht sold at auction, you'll pay incidental expenses incurred to get to that point, but can normally recover expenses
544998
I would start by filing it in yours.  If he objects he can file a motion with that court for a change in venue or a motion that the court in your area does not have standing in the case.\n\nBut did you try to work it out with the seller, I did not see that mentioned, it only says you filed a claim with the auction site.\n\n\nand how was the items not what you bought, how was it wrong
208856
A precise answer depends on the law of the particular jurisdiction you're in. In New York, you could move to vacate the default judgment.  You would have to show: (1) a reasonable excuse for not having appeared in the case earlier (pretty easy to do here, your excuse is that you were never served with process and you didn't know there was any attempt to impose liability on you personally); and (2) a meritorious defense to the claim (the arguments you've outlined about why it's your husband's sole responsibility).\n\nYou will probably need to consult a lawyer to get this cleared up.  A possible alternative: Contact the Registrar.  Explain why this is bogus and ask that the Registrar consent to vacating it, the alternative being that you'll engage a lawyer, the Registrar will incur legal fees in a hopeless cause, and, depending on your local law, the Registrar might even have to reimburse you for your legal fees.  There's not much chance that this will work, and there's a downside to even trying -- you don't know the law, so you might say something that could be used against you later.
32104
Go to the local District courthouse, it shouldn’t be to difficult. Don't go to an attorney, its probably under $2000 you don’t want to give half of that away to an attorney do you?\n\nGranted, attorney's can be very helpful in situations, but in small legal situations such as this you can do it.\n\nAlso, have you just tried telling the property owner that if they dont pay up then serious legal action will occur, with potential severe legal penalties? That my scare them into coming up with your money.\n\nP.S. Don't take a check, cash or a cashiers check only.
349956
I would send him a letter informing him that you have contacted a lawyer regarding the matter and the issue needs to be solved by such-and-such date. After that? Small claims court. Take it to Judge Judy!
622610
sounds like you should call his probation officer I'm not familiar w/La laws but in Texas it's up to the probation officer as to how long he can slide by but it's usually no more than a couple weeks such as 'man, they messed up my pay check and I ain't got the money' whatever excuse to get them of his back until next payday
223563
You are focused...\n\nThe order stands, and I read from your last question it was in small claims court. That will be tough. It will take money to track him down, and the most you can be awarded in small claims is $2K.\n\nTalk to the sheriff's office and to an investigation agency. You'll have to get this person under your thumb, since as soon as you find him, he can change jobs. Also, make sure the court notifies the credit bureaus to post a judgment.
660928
If the letter was from a court, there is a judgment against you. They may be able to get a court order garnishing your wages or your bank account. They can not take any other property you own, unless they have a court order. Courts do not often order the seizure of non cash assets, If it was not from the court, it most likely was an attempt to scare you into paying.\n\nLook for small print at the bottom. If it says "this is an attempt to collect a debt............" then it is just a collection attempt. \n\nYou still owe the money, and should do everything you can to pay it back. Send the dealer something, even if it is not a full payment, every month. The best way to solve this problem is to pay what you owe.
597083
Our company collects on civil judgments nationwide.\n\nThe statute of limitations for Florida for domestic (in-state) judgments is 7 years.  In other words, you have the right for 7 years to collect on the judgment.  At the 7 year point, you can renew the judgment by filing some simple paperwork at the courthouse where you obtained a judgment.  Within those 7 years (and the years after, if you renew), your debtor is obligated to satisfy the judgment.  The debtor is also obligated to satisfy the interest and court costs.  If left unpaid for many years, your judgment will be worth much more than $2,000, and your debtor will still be obligated for the full amount.\n\nFlorida is a notoriously debtor-friendly state, and you will need to aggressively pursue your collection.  The first step for you in the collection process is to thoroughly investigate what your debtor owns that is seizable under Florida state law.  Some of this information is not easily obtainable, especially bank account information, and you will need to be willing to use a reputable asset search firm or investigator to find the information.\n\nYou can also hand your judgment over to a judgment recovery firm, although we routinely counsel against this for smaller judgments.  The standard profit sharing rate is 50/50, and the cost/benefit ratio is really not worth it for the creditor.  Frankly, with a little "elbow grease" and good information, most small claims creditors can pursue the judgment themselves.  \n\nAs a side note, it is questionable whether you will be able to garnish wages in Florida, especially if your debtor is the head of household.\n\nPlease contact me, and I can give you more information.  We also have a website with useful information to the judgment creditor, especially our FAQ - http://www.jcsusa.com/About%20Us%20and%20FAQ.htm.\n\nThanks and best wishes.
351518
The judgment may be void for want of proper service of process; although that possibility is not clear from your writing. If that is true, the Florida plaintiff tries to enforce the judgment in your state, the fact that you never appeared or defended may be dispositive.\n\nIf your lawyer is guilty of malpractice and you therefore have a judgment entered against you -- or the judgment was not overturned on appeal -- you have a claim against him and his malpractice insurer.\n\nI would write him and warn him to "notify your malpractice insurer". Failure to notify them might cause them to deny cover.\n\nBut I really don't have enough information to give you solid advice.\n\nFurther comment: by and large, honest banks do not try to enforce judgments wrongfully entered in identity theft cases. It seems to me that there has been a dialog of the deaf. You may want to seek the help of newspaper consumer columns, the police, the FTC and any other government agencies concerned with the crime.\n\nThe problem is that a judgment, once final, cannot be appealed. On the other hand, if the bank was made aware of the identity theft and did nothing and pursued a wrongful case against you, that may provide an avenue for relief.
535293
It is part of the job for which you hired the attorney who got you the judgment in the first place.\nHis job is not over until he collects the money for you. If he had a contingent fee, he doesn't even get paid until he collects the money.
275722
You have to understand just as in any type of court hearing, just because you get a judgment doesnt mean that you will ever see a dime of your child support. \n\nOnce you receive your court order, you should read it very carefully to see when the payments are supposed to start. If you dont see a payment within 90 days after the first payment was supposed to have been received, you can petition the court, pro se, on your own, to have the absent parents wages garnished. Each State has their own rules of court, so depending on your state, you may or may not be able to garnish wages, if the absent parent makes less than a predetermined amount by the state you cannot garnish. Your best bet in that case, if you havent received payment within 90 days after the first payment was supposed to have been received, you can enlist the help of the Child Support Enforcement Division in your state. Keep in mind that if you receive any type of state or county welfare aid you will NOT receive child support checks, you will instead only be entitled to a $50.00 pass through payment. If you have been on welfare there most likely will be an arrears amount owing to the state or county and you wont see a single dime of your child support until that amount has been paid in full!
555556
The only way to stop a garnishment would be to get the judgement overturned.  Since you did not show up in court on the hearing date, the creditor was granted a default judgement.\n\nWhat you would need to do is file a motion to dismiss based on "improper service".  That means the creditor did not follow proper procedures in serving you with the summons and complaint.\n\nRecently it was disclosed that several large collection agencies were fined, and several people sent to jail, because the lied about serving the paperwork.  They simply filed papers with the court saying they were delivered, when in fact the either could not locate the defendant or they simply didn't try.  \n\nIn order to win your motion you would need to show that you were not served the papers.  That means you need to go to the courthouse and see the "process of service" paperwork that is on file, and see how they claim you were served.  \n\nI'm not sure about how Virginia law works, but I believe it has to be served in person, as opposed to certified mail.  The court paperwork should say where and when you were served.  If you can prove they lied, the judge will dismiss the case.\n\nGood luck