Collecting from a civil judgement - Page 1

Site Notices

[ARCHIVED THREAD] - Collecting from a civil judgement

Posted: 11/30/2018 9:32:51 PM EDT

Let's say a person received a judgment for monetary compensation from a civil court hearing. There was no payment plan set up because the person awarded judgement was waiting to see if an appeal was going to be filed in a higher court. No appeal was filed. A few days after the appeal deadline, the person awarded judgement gets an envelope in the mail with a money order from the defendant. No accompanying letter or explanation with the most order.

Is the person who received judgement required to accept payment with no plan in place or agreement for payment?

I understand there are lawyers here and none of you are my lawyer and many are not even in my state.

Posted: 11/30/2018 9:37:15 PM EDT

[#1]

If it ain't in writing it doesn't count.

Posted: 11/30/2018 10:07:43 PM EDT

[#2]

Why would you not take payment? Why does there need to be a payment plan or agreement. Judgement awarded and paid.

Seriously tagging this to find out what is going on;

Posted: 11/30/2018 10:16:00 PM EDT

[#3]

Quote History

Quoted:
Why would you not take payment? Why does there need to be a payment plan or agreement. Judgement awarded and paid.

Seriously tagging this to find out what is going on;

View Quote

The payment received is a small fraction of the judgment. No agreement on payment terms means this could take years to pay back at whatever the defendant decides.

Posted: 11/30/2018 10:17:53 PM EDT

[#4]

Wtf take it as a partial payment. You're re still free to garnish wages etc

Posted: 11/30/2018 10:55:14 PM EDT

[#5]

Quote History

Quoted:
Wtf take it as a partial payment. You're re still free to garnish wages etc

View Quote

^^^^

Posted: 12/1/2018 9:23:31 AM EDT

[#6]

Quote History

Quoted:

The payment received is a small fraction of the judgment. No agreement on payment terms means this could take years to pay back at whatever the defendant decides.

View Quote

Got it. Original post let me to believe it was the total judgement,

Posted: 12/1/2018 10:21:51 AM EDT

[#7]

Quote History

Quoted:
Wtf take it as a partial payment. You're re still free to garnish wages etc

View Quote

If no agreement in place and the payment doesn't have language to the effect of "paid in full"* on it, then take it.

"paid in full" does not always work, it depends on the specific rules for how that works, but it should make you wary and seek advice of a local attorney. You should seek advice from a local attorney anyways if you want help collecting in your state.

Posted: 12/1/2018 10:24:20 AM EDT

[#8]

Quote History

Quoted:
Wtf take it as a partial payment. You're re still free to garnish wages etc

View Quote

Did you know that you can't garnish for commercial debts in TX? When I learned that, I found it odd that a conservative state would be so pro-debtor. I'd expect that from the commie states.

Posted: 12/1/2018 11:03:44 AM EDT

[#9]

Quote History

Quoted:

Did you know that you can't garnish for commercial debts in TX? When I learned that, I found it odd that a conservative state would be so pro-debtor. I'd expect that from the commie states.

View Quote

I read that here. I think they also have dead beat friendly bankruptcy exemptions.

Posted: 12/1/2018 1:01:10 PM EDT

[#10]

Quote History

Quoted:
I read that here. I think they also have dead beat friendly bankruptcy exemptions.

View Quote View All Quotes

View All Quotes

Quote History

Quoted:

Quoted:

Did you know that you can't garnish for commercial debts in TX? When I learned that, I found it odd that a conservative state would be so pro-debtor. I'd expect that from the commie states.

I read that here. I think they also have dead beat friendly bankruptcy exemptions.

One of those places where you cannot lose the primary residence either I think?

Posted: 12/1/2018 1:16:02 PM EDT

[#11]

Quote History

Quoted:

One of those places where you cannot lose the primary residence either I think?

View Quote

That one is pretty common.

Posted: 12/1/2018 6:54:50 PM EDT

[#12]

Quote History

Quoted:

That one is pretty common.

View Quote

Some places have high or unlimited value for a primary residence. I think OJ Simpson took advantage of that

Posted: 12/1/2018 9:42:29 PM EDT

[#13]

Don't forget to add post-judgment interest. In WV the rate is 4.5%.

Every time you get a payment, send a statement back to the debtor showing the amount owed, accrued interest, payments received, etc. Excel is your friend here.

Posted: 12/8/2018 3:07:18 PM EDT

[#14]

Quote History

Quoted:
The payment received is a small fraction of the judgment. No agreement on payment terms means this could take years to pay back at whatever the defendant decides.

View Quote View All Quotes

View All Quotes

Quote History

Quoted:

Quoted:
Why would you not take payment? Why does there need to be a payment plan or agreement. Judgement awarded and paid.

Seriously tagging this to find out what is going on;

The payment received is a small fraction of the judgment. No agreement on payment terms means this could take years to pay back at whatever the defendant decides.

In many places you have to file against the person again to get an 'enforcement order'
or 'collection order.'
Names and procedures vary.

It often requires YOU to find information about accounts the loser may have.

Posted: 12/30/2018 2:33:37 AM EDT

[#15]

Quote History

Quoted:
That one is pretty common.

View Quote View All Quotes

View All Quotes

Quote History

Quoted:

Quoted:

One of those places where you cannot lose the primary residence either I think?

That one is pretty common.

Not common at all, only two states completely exempt primary residences, Florida and Texas.

Every other state as a maximum value. Ohio is $125,000, but until recently, it used to be a ridiculously low number. $5k, IIRC.

Posted: 12/30/2018 8:52:04 AM EDT

[#16]

Update: Two payments have been received so far. Have sent receipts back as well. Putting the payments in an old, unused account until the entire judgement is paid in full. After that, have to settle up with the insurance company for subrogation. They actually worked with us to lower the subrogation amount. Since no one had a lawyer, they offered a 50/50 split on the judgement, which I accepted. Getting to legally charge interest is fun too.

Posted: 12/30/2018 3:33:13 PM EDT

[#17]

Quote History

Quoted:

Not common at all, only two states completely exempt primary residences, Florida and Texas.

Every other state as a maximum value. Ohio is $125,000, but until recently, it used to be a ridiculously low number. $5k, IIRC.

View Quote

Oklahoma has no cap: 31 OS 1: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=71487

"The home of such person, provided that such home is the principal residence of such person;"

However, in Oklahoma you can still put a judgment lien on it, and when it sells, you get your money if there is positive equity.

Posted: 1/4/2019 8:36:27 PM EDT

[#18]

Update: Full recovery for the judgment has been received. I have payment IDs (money order numbers and check numbers with amounts for verification). Kept all records and a detailed spreadsheet of payments.

Judging by the final payment, the defendant took out a personal loan from a local bank to pay me in full. Now they have another debt in their hands. I bet they used the property where the dog but me as collateral. If she can't pay the loan, they could repossess and sell and I could buy it from the bank? This could work out way better than expected.

Posted: 1/5/2019 3:49:16 PM EDT

[#19]

Quote History

Quoted:
Update: Full recovery for the judgment has been received. I have payment IDs (money order numbers and check numbers with amounts for verification). Kept all records and a detailed spreadsheet of payments.

Judging by the final payment, the defendant took out a personal loan from a local bank to pay me in full. Now they have another debt in their hands. I bet they used the property where the dog but me as collateral. If she can't pay the loan, they could repossess and sell and I could buy it from the bank? This could work out way better than expected.

View Quote

This is one of the actual ways to grab property.

Foreclosure auctions are not for the faint of heart (or those without a lot of cash available very quickly).

Posted: 3/6/2019 11:34:00 PM EDT

[#20]

Nvm, I already replied in this thread.

[ARCHIVED THREAD] - Collecting from a civil judgement

General » Legal Section

Warning

Confirm Action

About AR15.COM

Stay Connected

Newsletter

Contact Us