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resolving a civil suit

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lonewaddie

Guest
What is the name of your state? South Carolina

I sued a TN company for a faulty product. They have never responded to the action in five years. I received a default judgement against them and later a special referee's hearing foud in my favor (around $5,000). Is there anything I can do to collect this judgement?
 


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hexeliebe

Guest
OH BROTHER!!!

And why are you only just now looking to collect?
 
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lonewaddie

Guest
Because the attorney who has been representing me apparently has been stringing me along. He is telling me he has done all he can do and can't make them pay because the company is not physically located in SC.
 
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hexeliebe

Guest
And I guess he never bothered to have your judgement registered in Tennessee and then file a lien against any and all property of the company THERE?
 

HomeGuru

Senior Member
Yeah, I once bought a windup Elvis doll too and it was faulty. Instead of singing Heartbreak Hotel it just slumped in a stupor muttering "Elvis left the building".
 

I AM ALWAYS LIABLE

Senior Member
lonewaddie said:
Because the attorney who has been representing me apparently has been stringing me along. He is telling me he has done all he can do and can't make them pay because the company is not physically located in SC.

My response:

Boloney. The attorney hasn't been "stringing you along" at all. You just don't listen.

The attorney told you that you have to "domesticate" the judgment in the company's State, and that costs money - - both in costs and attorney's fees - - which would probably be equal to, or greater than, the whole of your judgment.

In other words, you don't have the money to continue the collection process, because it would be the same as spending dollars to go after dimes.

So, please, don't just say "stringing along" when you don't want to listen or understand concepts. No attorney would have told you anything different.

IAAL
 
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hexeliebe

Guest
Well it's about DAMN time.

Where you been? I've been running amok all day :D
 
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lonewaddie

Guest
You are correct. I even mentioned that to him and he was opposed to it telling me the best I could hope for was to find a sympathetic law enforcement officer who would help get on the companies property (with lien in hand) to load up $5,000 worth of their product for me to resell. He advised against it and said I really didn't have any other options.
 

JETX

Senior Member
Your South Carolina judgment is valid for 10 years, so it would still be valid.

What you now need to do is to domesticate that judgment into Tennessee, since that is where the judgment debtors (assets if any) are located.

The process to do this is relatively simple and is in accordance with the TN statutes located at:
http://198.187.128.12/tennessee/lpext.dll/Infobase/12465/127d5?fn=document-frame.htm&f=templates

You can chose to do this on your own, or you can consider using the following:
http://www.enforcemyjudgment.com/Tennessee.htm
 
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lonewaddie

Guest
Thanks for the advice Jetx, I will certainly look into it.

Hexeliebe I am new to this site so your comment "now that looks oddly familair to me" is foreign. Is there something about Jetx's advice that I should know about?

I am always Liable, I appreciate your comments and defense of attorneys but if you knew my whole story you might not be so quick as to say my comment about my attorney stringing me along is baloney. I do agree with you that it may cost more to enforce this case than it is worth, that is why I was hoping to find some alternative way to collect on the judgement. It angers me that companies can make faulty products and there appears to be no way to hold them accountable.
 
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hexeliebe

Guest
Hexeliebe I am new to this site so your comment "now that looks oddly familair to me" is foreign. Is there something about Jetx's advice that I should know about?
Inside joke.

But now I'm feeling very left out :(
 

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