QUESTION
How could I collect on my small claims decision?
Asked on May 19th, 2015 on Personal Injury - Michigan
More details to this question:
I was awarded over $2,000 in damages in a small claims case. The case was heard 9 months ago and yet I have not been paid. I am completely unable to contact him. Can a lawyer get involved to help me get my fair payout?
9 ANSWERS
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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Yes, a lawyer knows what steps can be taken to collect on a judgment and could help you do so. Many lawyers will come up with a fee plan to minimize your out of pocket costs, such as working solely or partly for a percentage of any recovery.
Answered on May 20th, 2015 at 11:05 AM
James Eugene Hasser
Yes; contact an experienced collection lawyer. Good luck.
Answered on May 20th, 2015 at 10:02 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Go to the clerk of the court and ask for a writ of execution. Take that along with the defendant's SSN and DOB and go to all the banks and savings and loans, etc. within 1,2,3,etc. miles of the defendant's residence. You might get lucky. The recovery potential does not support a contingency fee arrangement. Hourly would cost you money for sure with no guarantee of finding anything.
Answered on May 20th, 2015 at 8:34 AM
Ronald A. Steinberg
You have to collect the judgment. That means you must garnish wages or attach property or garnish bank accounts. You have the burden of doing it. The costs get added to the amount you are entitled to collect. You may want to talk to a collection attorney. They typically take up to 1/2 of the money to collect for you.
Answered on May 20th, 2015 at 8:33 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I don't know what state you are in, but in NY, you have to file a judgment roll, then get a transcript of the judgment out of City Court and file it with the County Clerk's Office. Then you have to get a wage garnishment order to the Sheriff's Department.
Answered on May 20th, 2015 at 7:49 AM
Edwin K. Niles
I doubt that any lawyer will want to help, as his/her fee would eat up the claim. For a few dollars, get an abstract of judgment from the court, and record it in any county where the defendant may have, or wish to buy, property. Then, hire a private investigator to locate him ($100 or so), and once you have an address at which you can serve him, get the court to issue an order to appear (ORAP) for questioning about his assets and income. If he has assets or income, get the form to levy execution from the court and give it to the sheriff to serve.
Answered on May 20th, 2015 at 5:12 AM
Even if you could find an attorney willing to get involved on such a small matter [unless it is just a simple demand letter], it would cost $200-$300 per hour of their work. There are several books written on how to collect debts. You do not give us enough information to know how to handle your particular case.
Answered on May 20th, 2015 at 5:10 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes. But. It would be hard to find one willing to take a very small collections matter at a small fee. But a lawyer might be willing to give you some tips on how you could collect from an unwilling judgment debtor.
Answered on May 19th, 2015 at 9:03 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Lawyers do that work for a fee.
Answered on May 19th, 2015 at 5:53 PM