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HELP..Plaintiff REFUSES To Pay Judgement!!!!

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Tom4729

Junior Member
What is the name of your state? Pennsylvania.
Hello All Readers!,
A former acquaintance (And Chiropractor who lost practice for PORN activities in his office) turned criminal (money problems), tried to sue me (and someone else also) in Small Claims Court for money he was not owed. He actually owed both of us money. I countersued and won a monetary judgement. He refuses to pay. I was advised to submit an "Order Of Execution" so the Sheriff could go to his property and sell his posessions until my money was recovered, after giving him a chance to pay first.

I have Couple questions/facts:
1) He has a home he bought in 1999 for $352,000 and only his name appears on the deed. He is separated from his wife, and she lives there with their 16 year old daughter. He lives in an apartment near by with probably nothing of any value in side.
2) He has a valuable, and paid off, Motorcycle that he keeps in a rented space in a barn nearby. I have the address of the barn, description of the bike, and the License plate Number on the bike.
3) I was informed that the Sheriff needs to present the "Order Of Execution" papers to the place where he lives (and maybe the only place he could sell items from?)where there are also no posessions worth selling. He has nothing, as his wife refuses to let him take anything from the house, not even his Porsche.
4) The other party already submitted the "Order Of Execution" to his apartment address last Wednesday 10/19/05, so his Sheriff's sale will take place before mine if he does not pay.
5) What are my options to get paid the money he scre_ed me out of? Can I go after the motorcycle? His wife states the bike is his prized posession, and would more than likely come up with the money if he thought it was in jeopardy of being sold. Can I go after anything in the house that is in his name, but does not live in? Can I go after his Vehicle. I hear he is trying to set up some sort of "Home Visit" Chiropractor business, but I believe he has no steady income at this time. I know he has money in bank accounts, but he told me that she froze them so he could not empty them out.

Do I need to provide any of this information to the District Court so they have more information to go on before they try to serve the papers to him. At this point it is more a matter of principle since he tried to scam me out of money first. He has also made a mockery of this whole situation, the justice system, and even called the judge a very bad racial slang name I won't repeat on this site. ANY HELP OR ADVICE ANYONE COULD PROVIDE WOULD BE GREATLY APPRECIATED! Also it would be nice to know if a Lawyer was providing feedback. Thanks for listening!
Sincerely,

Tom
 


JETX

Senior Member
Tom4729 said:
What are my options to get paid the money he scre_ed me out of? Can I go after the motorcycle? His wife states the bike is his prized posession, and would more than likely come up with the money if he thought it was in jeopardy of being sold. Can I go after anything in the house that is in his name, but does not live in? Can I go after his Vehicle. I hear he is trying to set up some sort of "Home Visit" Chiropractor business, but I believe he has no steady income at this time. I know he has money in bank accounts, but he told me that she froze them so he could not empty them out.
You can 'go after' anything that is NOT exempt property in your state.

Your state exempts the following from judgment creditors:

Homestead: None. However, property held as tenancy by the entirety may be exempt against the debts owed by only one spouse.

Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for city employees, county employees, municipal employees, police officers, public school employees and state employees. Private retirement benefits exempt if clause prohibits proceeds from being used to pay beneficiary's creditors, to extent tax-deferred, limited to $15,000 per year deposited, and no exemption for amount deposited within 1 year of filing. IRA exemptions for conventional, SEP and SIMPLE plans, subject to above limits.

Insurance: Life insurance annuity policy, cash value or proceeds if beneficiary is insured's dependent, child or spouse. Insurance policy or annuity contract payments, where insured is the beneficiary, cash value or proceeds to $100 per month. Group life insurance policy or proceeds. Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary's creditors. Accident or disability benefits. Fraternal society benefits. No-fault automobile insurance proceeds.

Personal Property: Bibles. Schoolbooks. Sewing machines. Clothing. Tangible personal property at an international exhibit sponsored by U.S. government. Uniform and accoutrements.

Tools of Trade: None.

Miscellaneous: Business partnership property.

Wages: Earned but unpaid wages.

Public Benefits: Unemployment compensation. Workers' compensation. Crime victim's compensation. Korean conflict veteran's benefits. Veteran's benefits.

Wild Card: $300 of any property.
 

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