QUESTION
Why can’t I take her back to court where the judge can do something about the loan?
Asked on Dec 22nd, 2012 on Personal Injury - New York
More details to this question:
I went to small claims court to collect money that I loaned a friend. We went into mediation to settle this. Defendant agreed to pay $100.00 a month. She paid me $300 so far. She owed $1000. She was told that on the 22nd of each month to pay no later than that date. She did not come by to give me the $100.00. On the 23rd, I went back to court, which I was told that if she missed a day I could bring her back to court and all they did was file papers and sent her a letter that she owed the balance of $700.00. She came over all mad and said that the judge could not do anything to her about paying me. She said that she did not care about messing up her credit. She was not going to pay me. She admitted to the mediator that she owed this money to me so what I want to know is what I can do about this. She even lied that day about some things to the mediator.
11 ANSWERS
Lisa Hurtado McDonnell
You need to collected on the judgment. Does she have any assets: a car, a home, a job, money in the bank? If she does you put a lien or garnishment. If you don't know how to do this you will probably need a lawyer to help you.
Answered on Jan 03rd, 2013 at 4:56 AM
Get a judgment from the amount owed, and then you will need to collect on that judgment, which includes garnishing her wages, freezing her account, seizing her assets, etc.
Answered on Dec 28th, 2012 at 4:07 PM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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The court should give you a judgment against her. Then you can try to collect it.
Answered on Dec 28th, 2012 at 12:14 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Take her back to court, and have the judge order her to pay, or, with a judgment, you can seize or sell her assets, or garnish her wages.
Answered on Dec 28th, 2012 at 12:06 AM
1 Award
If the court issued a judgment for the unpaid $700, you can garnish her wages. If you know where she banks, you can also do a bank levy. To accomplish this, contact the civil division of the sheriff's dept in the county in which you are located and they can help you with the necessary forms and fees.
Answered on Dec 28th, 2012 at 12:03 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Keep hounding her, hounding her, hounding her, complaining to the judge, complaining to the judge.
Answered on Dec 27th, 2012 at 11:06 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It depends on what your agreement reached in mediation says. It probably does allow you to take her back to court if she does not pay the full balance. However, understand that if you win your case, you will get a judgment against her for an amount of money. The judge cannot force her to pay you. You have to go through additional court procedures to collect your judgment. Ultimately, if she owns no real estate for the court to attach, she is "judgment proof", meaning the court cannot force her to pay. You are just as well off giving her a chance to pay on the agreement, because with a judgment, it is still a matter of whether she wants to voluntarily pay you to get the judgment off of her. Still, if she makes it clear she will not pay, you might as well get your judgment if you can. The judgment will be good for 10 years. You have done well to get your $300.00. 30 cents on the dollar is pretty good for collecting from a deadbeat.
Answered on Dec 27th, 2012 at 10:02 PM
Ronald A. Steinberg
Find out where she banks, and garnish her bank account(s). Find out where she works, and garnish her wages. Have a judgment creditors exam and learn all this stuff. Grab her personal assets, like furniture, etc. She is certainly not your friend. If you had a physical relationship with her, this could explain why she is acting like this. You need to learn the #1 rule: Do not defecate where you eat.
Answered on Dec 27th, 2012 at 9:55 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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YOU HAVE A JUDGMENT. There is nothing for a judge to do. The sheriff will attempt to collect this for you if you follow the proper procedures with his office. no one is going to get worked up over a $700 debt and you can't find legal help because it will cost more than it is worth. as long as you have a judgment it will haunt her credit for years to come and she may pay it with interest.
Answered on Dec 27th, 2012 at 9:47 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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What was said in mediation is confidential and cannot be used in court anyway. You should get your judgment for the balance of $700 and then collect on the judgment. You can garnish her wages and/or levy on her bank account.
Answered on Dec 27th, 2012 at 9:40 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It is not clear whether you have a judgment yet. If so, you can take steps to have an income execution issued to garnish her wages. Otherwise, there may be some procedural steps you will have to attend to to get the judgment filed.
Answered on Dec 27th, 2012 at 9:26 PM