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can you translate for me please?

Started by wysiwyg, Jun 15, 2006, 03:22:51 PM

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wysiwyg

Soc,

1.  Can you please translate this so I can understand?

It is therefore the order of the court that Judgement be and is hereby rendered against Defendant, in the amount of XXXXX plus interest at the rate of 6.000% from (date) in the amount of XXXXX for a total of XXXXX plus interest at the rate of 6% per annum from the date of the judgement until paid, Plaintiff's court costs expended herein, and for all of which execution may issue forthwith.

2.  The money is still owed, a judgement entered, now how does this place collect?  

(You guessed it, it is a Diff judgement on the BM, she just refuses to pay her bills)

Thanks Soc.  Have a good evening.

socrateaser

>Soc,
>
>1.  Can you please translate this so I can understand?
>
>It is therefore the order of the court that Judgement be and
>is hereby rendered against Defendant, in the amount of XXXXX
>plus interest at the rate of 6.000% from (date) in the amount
>of XXXXX for a total of XXXXX plus interest at the rate of 6%
>per annum from the date of the judgement until paid,
>Plaintiff's court costs expended herein, and for all of which
>execution may issue forthwith.

Judment for Plaintiff is: $X + 6% simple interest from "date" + 6% simple interest per year after judgment entered + court costs + the cost of collecting the judgment (including attorney fees).

>2.  The money is still owed, a judgement entered, now how does
>this place collect?  

1. You send a demand letter. "Pay me within 30 days or I will start collection procedings."

2. If you don't get paid, and you know where the Judgment debtor has sufficient funds or income to satisfy your judgment, then you have the court clerk issue a writ of garnishment (if for income) or a writ of execution (if for assets, savings, home, car, whatever you want seized and sold at public auction, or if money, then turned over to you). Then you serve the writ of garnishment on the debtor's employer and they start garnishing money and sending it to you, or if a writ of execution you take it to the county sheriff where the debtor lives and ask them to garnish whatever you are trying to garnish (you will have to post a bond with the court if you do this route, in case you are unlawfully seizing something, so that the court doesn't get sued if you take the wrong thing). Then, either the employer sends you money or the sheriff goes and seizes the property and sells it at auction and pays you whatever you're owed.

3. If you don't know where the debtor's employment or assets are located, then you must file a motion for a judgment debtor hearing and serve the debtor. The debtor must show up and tell you the location of everything he/she owns is and where he/she is employed, and if he/she refuses to show or tell you, then the court will throw her in jail until she agrees to tell you (some people have chosen to rot in jail for a very long time, rather than tell where their money is at, but it's all perfectly legal because that person will be released as soon as they agree to disclose.

4. Armed with the info, you go back to #2 above and go get your money.

Now, reality. Unless the person has a good job or substantial assets, like a home with equity, getting money from them is nearly impossible. So, you need to filter this reality through your desire to recover, because sometimes it's just not a practical goal. Sometimes you must let things sit idle for years. A judgment is good for 10 years, and can be renewed for 10 more, if done' during the last year of the prior judgment.

Most times, if you let someone go for long enough they will acquire assets such that you can surprise them and get your dough.

Other times, the debtor ends up going bankrupt and your debt is discharged and you get nothing.

It's a crap shoot, which is why most attorneys won't even sue someone unless either they're insured for the liability or they own a home with equity. Homes don't get up and move to Bermuda, so they're much easier to seize and sell.