Dishonest contractor won judgment, please help

[Golfpro1]

What is the name of your state (only U.S. law)? NY

My question involves small claims court in the state of: NY
Contractor lied through his teeth and won the judgment for the amount of $1500 in small claims. I have been told that with a judgment it is hard and expensive to collect so I contacted the contractor to negotiate and offered $1200 to settle. He would not budge. Does he know something about this process that would allow him to be so non negotiable. FYI, he double charged my 88 year old mom for a cleanup of her basement after a flood. I hate to see him get away with this. What would you do if you were in my shoes? Thank you.

 

[Proserpina]

What is the name of your state (only U.S. law)? NY

My question involves small claims court in the state of: NY
Contractor lied through his teeth and won the judgment for the amount of $1500 in small claims. I have been told that with a judgment it is hard and expensive to collect so I contacted the contractor to negotiate and offered $1200 to settle. He would not budge. Does he know something about this process that would allow him to be so non negotiable. FYI, he double charged my 88 year old mom for a cleanup of her basement after a flood. I hate to see him get away with this. What would you do if you were in my shoes? Thank you.

He has already proven his case and obtained the judgment - there is no reason (as far as he is concerned) to negotiate a lower amount. The time for negotiation was before the court date, not after.

At 88 though, does your Mom actually have anything he can take?

 

[sandyclaus]

What is the name of your state (only U.S. law)? NY

My question involves small claims court in the state of: NY
Contractor lied through his teeth and won the judgment for the amount of $1500 in small claims. I have been told that with a judgment it is hard and expensive to collect so I contacted the contractor to negotiate and offered $1200 to settle. He would not budge. Does he know something about this process that would allow him to be so non negotiable. FYI, he double charged my 88 year old mom for a cleanup of her basement after a flood. I hate to see him get away with this. What would you do if you were in my shoes? Thank you.

Clearly, the contractor had better evidence and was more convincing, and that is why they won the case. As much as you disagree, the court has made it's decision against you.

As for settling, your chance to settle went away once the contractor won his judgment. The court has confirmed and upheld that there is an obligation for you to pay in the amount of $1500, the amount awarded in the judgment. There's no reason, nor obligation, for the contractor to accept anything less.

If you fail to pay the amount of the judgment voluntarily, the contractor can use the legal methods available to collect it from you. That could include wage garnishment, placing a lien on any valuable assets or real property you own, and in some cases, forcing the sale of certain assets in order to satisfy the amount of the judgment. If they have to go that route, they are also entitled to the additional costs involved in pursuing those methods.

Consider also that judgments in New York are collectible for up to 10 years. During that time, the creditor can also add 8% interest to the judgment amount. After 10 years has passed, they can also renew the judgment for ANOTHER 10 years.

 

[Golfpro1]

Thanks for your reply Proserpina. She gets about 900 a month social security and has about $5000 in the bank. Also, she has life use of the house but is technically not the owner.

 

[sandyclaus]

Thanks for your reply Proserpina. She gets about 900 a month social security and has about $5000 in the bank. Also, she has life use of the house but is technically not the owner.

The creditor can ask for a debtor's examination in which they can ask your mom about any/all assets, personal property of significant value, and money she has. That's all it takes to figure out that she has that money in the bank which can be levied in order to satisfy the judgment.

 

[You Are Guilty]

If the judgment was less than 30 days ago, this is pretty much your only option (other than fighting collection attempts):
http://www.courts.state.ny.us/courts/nyc/smallclaims/appeals.shtml