Question:

How do I get a defandant to pay a judgement?

by Guest3424 | 12 years, 7 month(s) ago

My car was hit a few years ago while it was parked and unoccupied.  the guy refuses to pay even though I took him to court and won.  For some reason his insurance co wont pay.  My car is a very well maintained Toyota Camry.  though it is old, it is in excellent condition.  After waiting over a year, I paid out of my own piket to get the damages fixed.
This man has filed for bankruptcy in order not to pay.  He is taken me back to court over and over to get the judgement dropped but his motion has been denied everytime.
I cant believe that once you win a judgement it is up to you to collect the money, If the defandant decides they are  not going to pay, the courts do not help you collect.
My car was hit in Dec of 2006 and the judgement still has not been satisfied,   I've sent the Marshalls and that also failed  what actions can I take to collect my money?

Tags: defandant, Judgement, pay

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Guest7913

You will have to collect your money through a seizure of property or a garnishment.

Seizure of Property is a court procedure allowing a court officer to seize property belonging to the defendant which can be sold to pay for your judgment. If you want to file a request to seize property, you may use form MC 19, Request and Order to Seize Property. If the court officer is successful in collecting money from the defendant, this process costs you nothing. The defendant is required to pay all court officer expenses as well as the judgment.

Garnishment is a court procedure allowing you to collect your judgment directly from the defendant’s wages, bank account, or other source such as income tax refunds. If you want to file a garnishment, see the court clerk for the proper forms. Instructions are included with the forms.

To get an order to for garnishment, you will first need to know where the defendant lives and works, what assets s/he has and where these assets are located, and any other information which identifies the defendant and his/her property. For an order to seize property, you just need to know where the defendant lives and it is the court officers duty to determine what, if any, assests the defendant owns.

• If you have the information described above, you can start the process for an
order to seize property or for garnishment.

• If you don't have the information described above, you will need to order the
defendant to appear in court for questioning through a process called discovery. You can start this process by filing a discovery subpoena.
Report (0) (0) | 12 years, 7 month(s) ago
Guest9397

depending on where you live; since you case against the defendant involved a traffic accident, you can ask the court for an abstract of judgment which suspends the defendant's driver license until he pays the judgment. You must wait 30 days after the judgment date before you can get an abstract of judgment. You need to provide the defendant's full name, date of birth, and driver license number. There is no filing fee. The court clerk should have the necessary forms.
Report (0) (0) | 12 years, 7 month(s) ago
Guest1791

thank you for your answers. I have however filed with the courts to have his lisence suspended by the DMV. He had it reinstated 3 times beccause he told them the judgement was satisfied. I called the DMV wtih proof that it was not satified and they told me the defandant filed for Bankruptcy and that takes precidense over small claims court, therefore they have no choice but to reinstate his lisence. I recently filed for a lien against him as a last resort. He has told me he doesnt care what the court ordered, he is nit paying a dime.
Report (0) (0) | 12 years, 7 month(s) ago