How to sell small claims judgement
How To Collect On A Small Claims Judgment
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one of the most common types of cases
that we work on as an investigative
agency is
asset search asset recovery and many
times these asset searches are a result
of a court case a small claims case
civil litigation a judgment and there's
a really good publication put out by
the new york state court system about
how judgments work how recovery works in
court cases this particular
flyer is for
small claims and commercial small claims
but it has some general information
about how asset searches work and some
of this you can do yourself in fact this
publication tells you as a plaintiff how
you can do your own asset searching a
lot of times you know what we do may be
more advanced than this but it'll give
you a good guideline of how to do that
so you know this publication tells you
how to do a case file a claim
and collect the judgment
so let's take a look at some of the
details
that
are offered
in this case who can use a small claims
court
let's look at assets how to get assets
um
let's find
and how much does it cost here's one
thing that people don't realize small
claim is pretty cheap small claim might
only cost you 15 20 bucks
right so if you have a
dispute the cost is very very small
to do this
where's the section on assets
because you know the court wants to help
you
get
a good
result from your case they don't want to
leave you hanging they can't do things
for you they can't you know collect the
money for you but they can give you some
very good
um
suggestions on
how to do that
as an example
when
the case is done
how do i get my money if i win
after the trial the court will mail you
a notice of judgment
the notice of judgment will tell you
how much money the other side has to pay
you
it'll tell you the address for the
sheriff's office which will help you
collect your judgment
it'll also tell you about ways to
collect your judgment
first question is will the court
help you
enforce the judgment
and the short answer is no they won't
collect it for you you must collect the
judgment yourself according to
most states
and the judgment is valid for up to 20
years even if you won your case there's
no guarantee you can collect your
judgment if the defendant does not pay
willingly there are legal steps you can
take
first when you want to ask them just
straight up can you ask the debtor to
pay for it
enforcement officer
the enforcement officer is a share for
marshall is authorized to take money or
property
to pay your judgment but here's the key
they have to know where to take it from
so the asset search is required
to give to the sheriff or marshall or
enforcement officer to know where to
take those assets from
they're not public employees in most
cases even sheriff's work independently
tells you how to find them
do you have to pay
the enforcement officer
yes the judgment is coming from income
you might have to pay fifty dollar fee
sometimes it's five percent
but the most important thing is
you have to
find the assets how does the enforcement
officer know what assets the hat the
judgment debtor has
you must find out about the debtor's
assets
and you have to give that information to
the officer the officer wants to know
about
checking and savings account property
real estate vehicles business property
there are 14 different types of assets
if you tell the enforcement officer
about all those types they can go to
work for you so then the next question
obviously is how do i find out about
that well you could do a subpoena to
make the debtor tell you what they are
but what you'll find and what we've seen
in most cases
they're not going to tell you
voluntarily they're going to delay or
put wrong information on that subpoena
you don't want to rely on it
as all the assets because they will be
more inclined to lie and there's really
no consequence for them to do that
how else can you find out about the
assets well good question in fact it's
such a good question they put it right
in the directions how to find out about
the bank account
find out maybe
somebody who paid him by check and look
on the back of the check for the bank
information
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how to find out if they have a car the
dmv
you can do a
dppa request to the dmv to find about
their car
how about if they own real estate
you can go to the county clerk and do a
title search and get a transcript of
that title search
and ask the enforcement officer to sell
the property you have to fill out papers
but they can do that
are there any other ways
to make a judgment debt or pay some
states you can make them suspend their
driver's license
you can put a lien on their business but
again you're gonna have to know about
that business
so
this asset search and recovery is not an
uncommon question it's so common
that
the
state
in new york
puts the instructions in their court
pamphlet
tells you how to do it they even make
resources available for you on making it
easier
so remember you have to find the assets
yourself or have an investigator find
them but once they're discovered by an
asset search then the recovery agent can
start working on it for you or the court
can issue a rid of garnishment you may
need legal advice for that as well so
hopefully that answers some questions
about recovering assets from a court
judgment and here's an example of some
third party information
that validates some of the things we've
discussed before and may help you
if you have a judgment against a debtor
from litigation that you want to collect
on
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