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Seizing business instead of payment?

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AWarrick

Guest
What is the name of your state? Georgia

Last October, I won my small claims case. Since then, I've followed all the state rules regarding demanding payment ($1600) from the defendant. 3 months ago, the defendant, who owns his own small business, told the judge that every tool and piece of equipment in his business belongs to his grandfather. His home is owned by his mom and his sister owns the car he drives. He claimed he had to close his bank account because he couldn't maintain the minimum balance and that he pays his bills with money orders or cash. The guy is a deadbeat and to my utter amazement and objection, the judge gave him 3 more months to pay me! That 3 months is up next week and as you can guess, no payment.
I can't dock his pay, because he has no employer (he's his own employer)
I don't know what the next step is yet as I plan to contact the court next week however, I have a question- if this idiot has no bank acount, no property, etc. Can I demand the court seize his business? It's the only thing that I know for a fact he owns. I would think the court would consider everything inside that business, regardless of who he claims it belongs to is fair game.
the only other thing I can think of is to hire a private detective to verify what he's tell the judge. But most of the PI's I've contacted want $400-$600 to do that and that's a large sum to pay for recovering my $1600.
Any suggestions?
 


A

AWarrick

Guest
So, just how do you slap a judgement lein on a business where he rents space? I've come to the realization, that this man is not going to pay me a dime unless someone goes over (sheriff) and just starts seizing stuff. A lein is a worthless piece of paper. He'll skip out on that too.
 

BelizeBreeze

Senior Member
Can I demand the court seize his business? It's the only thing that I know for a fact he owns.
Remember that?

Now you say all he does is "rent space".

I'm outta here. Next time get your facts straight.
 
A

AWarrick

Guest
Listen woman, I didn't come here to catch an attitude from a member. I did not say, "he owns the building". I said, "he owns a business" and that, my friend is not the same thing. :cool:
 

JETX

Senior Member
Is this 'business' a corporation or a d/b/a (sole proprietorship). If a sole prop, then EVERYTHING in that business is considered his personal property unless he can prove otherwise. Get a 'Writ of Execution' from the court and have the sheriff serve it on the business. Take his computer and any backup tapes (I love to do that!!), take the cash register and any cash inside it (try to schedule the writ for about 2:30 pm!), grab his credit card machine and blank charges. Oh, and be sure to grab ANY records of who processes his credit charges (so that you can get at that bank account!).
This can be fun....
 
A

AWarrick

Guest
His business is a sole proprietorship. However, last time I checked with the county, (a year ago) he did not have any legal business license on file with the state. (a big, "no-no") and with no business license, he can't collect sales tax! :rolleyes: Perhaps I could get the IRS on his butt for tax-evasion! (after I get my money of course!)
 

BelizeBreeze

Senior Member
So then dudette, how are you going to prove he 'owns a business' ?

You can play 20 questions with Jet. I have a feeling this is going to be a 'buy a book' result anyway.
 

JETX

Senior Member
AWarrick said:
His business is a sole proprietorship. However, last time I checked with the county, (a year ago) he did not have any legal business license on file with the state. (a big, "no-no") and with no business license, he can't collect sales tax! :rolleyes: Perhaps I could get the IRS on his butt for tax-evasion! (after I get my money of course!)
*** And what EXACTLY did the licensing 'folks' say when you let them know that 'Bob' was operating without a license??

Tell 'ya what.... I have some colleagues who are very aggressive and successful in enforcing judgments in Georgia. Contact them via the following:
http://www.enforcemyjudgment.com/njn/cgi/search.cgi?action=search&infield=your_state&words=Georgia&search=Search
 
A

AWarrick

Guest
The county folks were very interested in the fact that he didn't have a license. Said something about sending the Sheriff over to ask him why that was. (He may have one now, it costs next to nothing in GA)
I also know he owns the business because one, he has garbage collection with the county and the business owner line has his name and I have a witness who asked him, who owns the business and he replied, "he did". I had a friend play "dumb" before I filed the case in court so he wouldn't suspect anything.
I'd sure like to see him prove to the judge that the tools in his business all belong to his grandfather.
 

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