My son received a judgement against a management company who handled a
vacation condo rental he made two years ago. He filed against the company
when they refused to return his $500 security deposit. He won a judgement
against them at the local court level and when they filed an appeal he won
again at the circuit court level. He (we) did this w/o an attorney and he
did a great job as a 20 year old handling this (questioning witnesses,
summing up, etc.). Now a 30 day period has elapsed after the judgement
(which we have a copy of dated June 18, 2003) and the company still has not
sent him a check in the amount of the judgement ($590.00). We were told by
the Clerk of the Court that they have not submitted another appeal to the
Court of Special Appeals (we can't believe they would take it that far for
this sum of money). When talking to the Circuit Court the clerk told us
there was nothing else the Court could do and they do not follow up in these
cases. What can we do to make them pay?

"Mark" <polyad@comcast.net> wrote in message
news:BB3DAE32.365B%polyad@comcast.net... My son received a judgement against a management company who handled a vacation condo rental he made two years ago. He filed against the company when they refused to return his $500 security deposit. He won a judgement against them at the local court level and when they filed an appeal he won again at the circuit court level. He (we) did this w/o an attorney and he did a great job as a 20 year old handling this (questioning witnesses, summing up, etc.). Now a 30 day period has elapsed after the judgement (which we have a copy of dated June 18, 2003) and the company still has
not sent him a check in the amount of the judgement ($590.00). We were told by the Clerk of the Court that they have not submitted another appeal to the Court of Special Appeals (we can't believe they would take it that far for this sum of money). When talking to the Circuit Court the clerk told us there was nothing else the Court could do and they do not follow up in
these cases. What can we do to make them pay?

First, you identify some asset the debtor has. A bank account is great. If
you have the name of their bank and their bank account number take the
information to the sheriff and fill out a form so that the sheriff can
attach the account. Then eventually you get paid by the sheriff. That will
take a couple of months at least.

If you don't have the bank information, identify some other asset. Not a
car or truck, because the company might not be the legal owner. Something
that is pretty sure to be free and clear. If you can identify it by
location, the sheriff will attach it, eventually sell it, and you get the
money.

You can attach an account receivable. You can attach a second thing if the
first doesn't yield enough money. Don't forget to add to the amount being
collected all of the fees you pay the sheriff. And add interest.

McGyver

File a motion to attach rents (or whatever your state calls it).

Mark wrote:
My son received a judgement against a management company who handled a vacation condo rental he made two years ago. He filed against the company when they refused to return his $500 security deposit. He won a judgement against them at the local court level and when they filed an appeal he won again at the circuit court level. He (we) did this w/o an attorney and he did a great job as a 20 year old handling this (questioning witnesses, summing up, etc.). Now a 30 day period has elapsed after the judgement (which we have a copy of dated June 18, 2003) and the company still has not sent him a check in the amount of the judgement ($590.00). We were told by the Clerk of the Court that they have not submitted another appeal to the Court of Special Appeals (we can't believe they would take it that far for this sum of money). When talking to the Circuit Court the clerk told us there was nothing else the Court could do and they do not follow up in these cases. What can we do to make them pay?

A court grants you a judgment if you win. It does not enforce the judgment;
that's your problem. You find out what they own and you go seize it, usually by
telling the police or sheriff to do so. Then you sell it and repeat until the
judgment has been satisfied. Note that if you want the item that you've seized,
you could either assign it the fair market value and count that toward the
amount due, or you may be required to put the item up for auction and you can
bid on it yourself. Depends on the rules in your state.
..

--
Paul Robinson "Above all else... We shall go on..."
"...And continue!"
"If the lessons of history teach us anything it is
that nobody learns the lessons that history teaches us."

Paul Robinson wrote:>>
Mark wrote:
My son received a judgement against a management company who handled a vacation condo rental he made two years ago. He filed against the company when they refused to return his $500 security deposit. He won ajudgement against them at the local court level and when they filed anappeal he won again at the circuit court level. He (we) did this w/o anattorney and he did a great job as a 20 year old handling this(questioning witnesses, summing up, etc.). Now a 30 day period haselapsed after the judgement (which we have a copy of dated June 18, 2003)and the company still has not sent him a check in the amount of thejudgement ($590.00). We were told by the Clerk of the Court that theyhave not submitted another appeal to the Court of Special Appeals (wecan't believe they would take it that far for this sum of money). Whentalking to the Circuit Court the clerk told us there was nothing else theCourt could do and they do not follow up in these cases. What can we doto make them pay?
A court grants you a judgment if you win. It does not enforce the judgment; that's your problem. You find out what they own and you go seize it, usually by telling the police or sheriff to do so. Then you sell it and repeat until the judgment has been satisfied. Note that if you want the item that you've seized, you could either assign it the fair market value and count that toward the amount due, or you may be required to put the item up for auction and you can bid on it yourself. Depends on the rules in your state. .

You do not commit theft to win your case.
You first go to the sheriff's office and request the assistance of an
officer to help you collect.
Failing that, the next step would to be place a lien on the person's car.
At least he can't sell the car with a lien on it.
You do not physically take someone elses property because that will get you
in jail.

Hire a few kids and hand them a couple of cases of toilet paper and tell
them to trash the guy's place good.
Leaving a nice little note on the door to remind him to pay up or it'll
continue.
Take an ad out in a local paper and show the world you won the case and the
jerk refuses to pay.
I don't think he's gonna sue you for libel.
don't get mad, get even.