I am suing my old boss for unpaid wages, and i have a personal promissory note. Court is tomorrow, but he says he isnt going to show up. If I win by default, how will they make him pay if he claims he is broke? and will they just take his word for it? (I know for a fact he has plenty of money)
203113
once you have the judgment get a certified copy and record it in the county where he lives, you can file for a writ of execution to seize property but you will need an attorney for that, also send a copy to credit reporting agencies if you cant get your money at least you can F**k with his credit
638460
You have to show up at the date and time and court specified. You may have to wait a while before your case is called, but if you are not in court when it is called, you will be defaulted, and a warrant may issue for your arrest.
5283
you HAVE to answer to the papers that were served to you.  if you do not, all odds are against you, because it will appear to the judge that you simply do not care.  this requires filing a response with the county clerk, which usually costs a fee - call and find out how much in your county.  if you have kids and are interested in keeping them, you should really use an attorney - the courthouse sometimes has referrals that will go on a sliding scale based on how much you earn, or maybe they will have a payment plan since you are unemployed.  \n\nat this point, assume everything is not in your favor.  everything depends on your particular situation.  was he abusive?  were you?  who has been the primary caretaker of the children, etc.?  judges are mean - they will laugh in your face sometimes if you appear pro se, but i think it's worth it, especially if you win.  also, is there material involved, i.e., houses, cars, etc.?  who wants what?  i would attempt to talk to him if possible and find out what he really wants, i.e., kids - joint custody, or weekends only; house, etc.?
497103
If support has already been established and he IS NOT paying, file a Motion for Rule to Show Cause Why (insert his name) Should Not Be Held in Contempt of Court for Failure to Abide by the Court's Order of (insert date).  Notice it up before a judge.  Most judges will demand payment within a specified time frame.  Non-compliance can result in loss of driving priviledges and/or incarceration.  Again, if you can't afford an attorney, speak with the Clerk of the Court.  This is something you can do without an attorney.
247706
I would say it means that you prevailed in your wage claim because your former employer did not respond to the court and made no defense (that's the "default" part).  The next part "respondent is entitled to vacate ..." appears to be notice to your former employer that it has only fifteen days to file a "request to vacate the default".  That is the former employer has only a fifteen day window to come into court and give a reason why it hadn't responded the first time. If it has a good reason, the court Will vacate the default, that is revoke the default and have the matter set for hearing.\n\nIt is common to give a respondent or defendant a window to come in and explain why it hadn't responded.  Fifteen days is quite short, in California a defendant may have up to six months.
385845
Unless your boss did something illegal - fraud, misappropriation of funds, or the like - it is very unlikely you will be successful in small claims court.  What would be the basis of your suit? That your employer properly exercised her rights as a property owner and decided to close the business without warning, or telling anyone? \n\nUnfortunately, in a capitalistic system the "Golden Rule" comes into play - the person with the gold makes the rules. \n\nIf no one knows where she is, how do you expect to get her into the courtroom?\n\nIn addition, your former employer is not responsible for your debts. You are the one that went on a shopping spree, granted, you felt at the time that you would have a job and income to cover the expenses, but there are no guarantees in this life. I suggest that you file for unemployment compensation, if you haven't already done so.  At least some of the bills will get paid.  Also, cut back on your spending, you don't have a job and unemployment will not match your past income.  What you don't need now is more debt.\n\nIf you really want to proceed with your Small Claims Court suit, contact the County Clerk in your County and ask about the procedure for initiating a Small Claims action.
120589
I had been placed in a similar situation before...I did not take my (former) friend to court...\n\nWhen I loan an amount to a friend, I prepare myself to accept the eventuality of not getting paid. It will really hurt a lot if you will expect something to be paid and it will not come at all...\n\nBut let it serve as a lesson for future decisions. Anyway, you said that "it was only 500 bucks"...\n\nSince the amount is not much, don't let it devastate you...\nI am sure that any small misfortune that you may have experienced will be easily replaced by having a positive attitude.
542687
This is the big question in most litigation -- what do you do when someone owes you something but they can't pay?\nWe don't have debtor's prison (thank goodness), so your actions are limited.  You can hire an attorney to file a lien or a collection action. But if they're insolvent and/or they've declared bankruptcy, you're going to be very low on the list of creditors (behind all those secured creditors like the mortgage, any bondholders, etc.)  You may also file a claim in small claims court -- usually easy, quick, and fairly inexpensive.  If they have money ($1500 is not very much) the judge can order that they pay you; and their failure to pay is then an enforceable judgment (which gives you a priority if they do declare bankrupcty!).  There are also processes for an attorney to perform a special kind of examination to find a debtor's assets to "attach" to satisfy your judgment.\nTry to seek legal counsel -- Legal aid societies are particularly good at these types of problems, or you can call your local bar association and ask for a referral.\n\nGood luck-- I hope they have money!
626595
You'll have to talk first to the payroll person. Take your time records to them as proof of the time owed. If they refuse to pay in full then, you'll have to file a suit in small claims court.  If/when the judge finds in your favor, it will be a legal ruling. The court demanding this company to pay what they owe. With this being official, they've got to pay or face further legal action from the court. You'll have to power to then to file liens, or sieze funds from their accounts.  You may also be able to sue for your financial debts that are a result of not being paid. (Ie: overdraft charges, etc.)\n  I'd be quick about it though. Not paying, is a big red flag. The company may be about to file bankruptcy. If so, you'll have a much harder time, and may not see a dime.
203902
The court does not collect judgments, that is up to the person who was awarded a judgment.\n\nThe court is finished with the matter.\n\nYour opponent is in the same category as all other debt collectors, and if you have nothing he can attach, he better be glad that you are willing to make payments, regardless how small, or how often.
249308
Most anyone can sue, but winning a suit is something else.  Suppose your boss brought suit against you because he lost that client?  On the other hand, what the hell, hire a lawyer for $5,000; it will probably make you "feel good"\nIn looking for a new job, search the newspaper classified section, under the Jobs; Stupid Clowns category.
566026
Once you win the eviction, you can present your receipts for repair and cleaning to the court for judgement.  I usually get a garnishment of wages to recoup my expenses.  However, if they change jobs, quit or move, it is difficult to find them and re-instate the garnishment.  Of course, if your expenses are within the limits of small claims court, you can initiate a suit against them there.  Be prepared to present photos, receipts and be able to prove the condition of the rental before they moved in to win the judgement.  The problem is even with the judgement you may not be able to collect.\n\nIn either case, the court will deduct the expenses from the security deposit first and award judgement above that amount.
59348
If you don't file an answer and otherwise defend yourself, they win and you get a civil judgement against you.  That could include a court order to shut you down.  If you have no assets they could sieze, they could still garnish your future wages.  It also doesn't look really good on your record if you later try to do business with someone and they look it up.
665587
UK answer - if someone misses their community service (now known as Unpaid Work) on two occasions without providing an acceptable reason (such as a medical certificate) they will be taken back to court. In the first instance they will normally be given more hours to complete. If it happens again they might get a curfew. Ultimately that person might be resentenced, possibly to custody. If he does have to go back to court he will be sent a summons. If he doesn't attend court, the court will issue an arrest warrant for him. \n\nWith regard to the compensation, the court will have made an order for him to pay. If he dosn't pay up they can attach this to his benefits or earnings, so it is deducted from his money directly. \n\nIf you are worried about being re-victimised by this person talk to your local victim support service, who will probably be listed in the phone book. If they are not, contact the court or police station and they will give you the number.
232748
A Judgement does not ensure payment. \n\nIf the defendant was not criminally convicted the court cannot require him to compensate you, if he was convicted then restitution is most often required.
396629
Well, they have probably put a bench warrent out on you.  (Happened to me when I forgot to pay a ticket one time.)  Try not to do anything illegal until you pay it, and pay it soon.  Good luck.
75317
You may contact the court and ask for the court to set a debtor hearing to find out what his assets are.  If he failed to appear the judge could issue civil contempt charges against the defendant.\n\nNormally, judgments will affect his credit and hopefully that will make him eventually pay you.