Collecting on a judgement

[kennethhoff]

What is the name of your state: South Carolina


If a person claims that he has no money to pay a judgment against him, and you know for sure he does, how do you prove to the court that he does have the money and is just trying to get out of paying you?

I have a promissory note signed and dated from someone to pay me $7K contingent upon the sale of their home. The home has been sold and closed. After contacting this person asking for my money, he refuses. I plan to take him to court. But I know he is going to claim "poverty", and I know he has the money. So again, how do I prove it in court?

Thank you,
Ken

 

[dcatz]

You don't have to prove to the court that he has money (and, frankly, the court doesn't care - collecting any judgment that you might get is your responsibility).

If the contingency was sale of the house, all that you have to prove is that the sale was concluded and that you haven't been paid.
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Edit - just as an afterthought, it would have been a good idea to include payment to you as a part of the escrow instructions. Then, you wouldn't be faced with this problem, but hindsight is 20-20.