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  1. #1
    Blazay is offline Junior Member
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    Have a Judgement, Notarized Agreement of payment, Defendant did not pay...

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


    Hello,

    I am overseas right now, and have a judgment on a case, where the defendant promised on paper to pay x amount of money back a month, and this was notarized, yet the defendant has paid back 1000 out of the 10,000 he should have paid by now. What do i need to do? File a motion or what other methods do i have while living overseas.. I mean since he agreed on paper, and broke the agreement, can his property be seized and imbursed to me? He has a house under his and his wifes name, and I am just confused on what steps i need to take to get the money. he keeps saying next week, next week, etc, has broken all chances of fair contact.
  2. #2
    sandyclaus is offline Senior Member
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    Quote Originally Posted by Blazay View Post
    What is the name of your state (only U.S. law)? NJ


    Hello,

    I am overseas right now, and have a judgment on a case, where the defendant promised on paper to pay x amount of money back a month, and this was notarized, yet the defendant has paid back 1000 out of the 10,000 he should have paid by now. What do i need to do? File a motion or what other methods do i have while living overseas.. I mean since he agreed on paper, and broke the agreement, can his property be seized and imbursed to me? He has a house under his and his wifes name, and I am just confused on what steps i need to take to get the money. he keeps saying next week, next week, etc, has broken all chances of fair contact.
    Your only chance at all of recovering something here would be to sue. Based upon the amount of the debt, you would not be able to sue in Small Claims court, as their limit is $3,000. You would need to file in a higher court, and for that, you would need to hire an attorney. The attorney could file your claim and represent you in the proceedings to begin with, but you would need to appear in person for the actual trial (if it gets that far).

    Keep in mind that suing will only get you a judgment. YOU will still remain responsible for the collection of the debt. New Jersey has a 90% exemption on wages and a $1,000 exemption on bank accounts. Once a judgment is obtained, you could file a lien against any real property.
  3. #3
    Stevef is offline Senior Member
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    Quote Originally Posted by sandyclaus View Post

    Keep in mind that suing will only get you a judgment. YOU will still remain responsible for the collection of the debt. New Jersey has a 90% exemption on wages and a $1,000 exemption on bank accounts. Once a judgment is obtained, you could file a lien against any real property.
    OP claims to already have a judgment.

    It's time to start the collection nightmare.
  4. #4
    latigo is offline Senior Member
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    I am overseas right now, and have a judgment on a case, where the defendant promised on paper to pay x amount of money back a month, and this was notarized, yet the defendant has paid back 1000 out of the 10,000 he should have paid by now. What do i need to do? File a motion or what other methods do i have while living overseas.. I mean since he agreed on paper, and broke the agreement, can his property be seized and imbursed to me? He has a house under his and his wifes name, and I am just confused on what steps i need to take to get the money. he keeps saying next week, next week, etc, has broken all chances of fair contact.
    Let’s see here. You had an agreement upon which you obtained a money judgment and then an agreement to pay the judgment. Maybe you need an agreement to pay the agreement that was designed to pay the judgment.

    What I’m struggling to tell you is that you did not need the silly “notarized” agreement to pay the judgment! It’s the judgment that needs to be enforced, not the agreement to pay the judgment.

    ________________

    Probably the first step here, if not already taken, is to obtain an Abstract of Judgment from the clerk of the court that issued your money judgment and have it recorded it in the county where the judgment debtor owns real property.

    That’s not going to put immediate money in your pocket, but it will serve as judgment lien upon the home and prevent it from being sold without money in your pocket.

    Next, I suggest that you put this matter in the hands of one of the many New Jersey Collection Attorneys . (Google the italics and they'll pop up like Redenbacher's popcorn)

    Why turn it over to someone else and give up a healthy percentage?

    Because even if you were back in New Jersey you wouldn’t know how where to begin. Or do something as useless as another "notarized" agreement.
    Last edited by latigo; 08-15-2012 at 11:21 AM.
  5. #5
    jiggy78 is offline Member
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    What makes you think a person who has a judgement against them and didn't/couldn't pay then is going to pay now that they have signed this silly little agreement?
  6. #6
    Blazay is offline Junior Member
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    Thanks for the advice/input, i think i have made some things unclear.

    This was a 1 year process for me.

    Accident happened May 11
    Had to do a reserve duty check which took additional 3 months
    had to file for a judgment, took 3 months
    there was a judgment hearing in March, where the defendant admitted to the judge that he was guilty of all fines, thus a notarizer who was sitting there, proceeded to take us into a small room, where we talked about terms of repayment, he agreed to deposit 1,000K by the following monday...(WHICH he did). Then pay 500, for them month of april, then 5,000 for may, and 500 from then on till the full amount of 15,000 was fully paid off. However, i have been overseas this whole time, and he has only paid the initial 1,000 and my mother has been trying to communicate with him, but he keeps giiving her excuses.

    His assets:
    a house under his and his wifes name

    Now i can either file a motion, which would do what? OR find another way to get my money? Can i use the lien method.. i think now that i have better explained it, it should make more sense ? Please, any advice would be great, im just trying to get the money he owes, and agreed to pay in a court room , infront of a notarizer and judge.
  7. #7
    latigo is offline Senior Member
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    Quote Originally Posted by Blazay View Post
    Thanks for the advice/input, i think i have made some things unclear.

    This was a 1 year process for me.

    Accident happened May 11
    Had to do a reserve duty check which took additional 3 months
    had to file for a judgment, took 3 months
    there was a judgment hearing in March, where the defendant admitted to the judge that he was guilty of all fines, thus a notarizer who was sitting there, proceeded to take us into a small room, where we talked about terms of repayment, he agreed to deposit 1,000K by the following monday...(WHICH he did). Then pay 500, for them month of april, then 5,000 for may, and 500 from then on till the full amount of 15,000 was fully paid off. However, i have been overseas this whole time, and he has only paid the initial 1,000 and my mother has been trying to communicate with him, but he keeps giiving her excuses.

    His assets:
    a house under his and his wifes name

    Now i can either file a motion, which would do what? OR find another way to get my money? Can i use the lien method.. i think now that i have better explained it, it should make more sense ? Please, any advice would be great, im just trying to get the money he owes, and agreed to pay in a court room , infront of a notarizer and judge.
    The opposite of talking is not waiting. The opposite of talking is LISTENING!

    Meaning why do you bother to present your questions in here if you have not intention of paying any attention to the responses.

    Furthermore, the only thing UNCLEAR is your confused, misguided conceptions of the rights of a judgment creditor!

    Example, where you write:
    Now i can either file a motion, which would do what?
    Please explain what sort of “motion” you are talking about and where you would file it.

    If it is your belief that the New Jersey court is going to intervene and lend a hand in satisfying your judgment, you are sadly mistaken. The judiciary is not a collection agency.

    And why would your judgment debtor be more inclined to pay heed to your mother any more than you to his mother?
    ______________________

    I think what is confusing you is this:

    Obviously the judgment for the $15K did not result from a trial before the small claims court. It came about as the result of either a court ordered settlement conference with a neutral third party or through mediation with a trained mediator.

    And the “notarization” you harp about had to do with the signing of the mediation or conference agreement and/or stipulation of judgment.

    But that signed document, whatever it was, has no independent existence, force or effect. It only served as the basis for the judgment. The same as evidence produced in a trial of the issues would serve as the basis for the judgment.

    So forget about this stupid notarized agreement you are obsessed with.

    IT IS THE JUDGMENT itself that needs to be enforced, if in fact collectable, and in accordance with fixed legal processes.

    And it is those fixed legal processes that I earlier mentioned as being beyond your knowledge and capability. (Including that of your mother.)

    So, if you want to try and wring some money out of this jaybird, then turn the judgment over to a professional collector and stop wasting time playing with your PC.
    _______________________

    And lastly, let me ask you this:

    If you owed someone $14K, are you in a position to cut a personal check in that amount?

    And if not, what makes you think that your debtor is in any better financial shape considering the condition in which investment bankers and Wall Street has left this country?
    Last edited by latigo; 08-16-2012 at 03:26 PM.
  8. #8
    Blazay is offline Junior Member
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    I think my best bet is utilizing a lawyer who deals with property damage and will work on contingencey. I mean i already have a defaulted judgment, and believe it would be the best and fastest way of getting the judgment collected.
  9. #9
    latigo is offline Senior Member
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    Quote Originally Posted by Blazay View Post
    I think my best bet is utilizing a lawyer who deals with property damage and will work on contingencey. I mean i already have a defaulted judgment, and believe it would be the best and fastest way of getting the judgment collected.
    Isn’t that a coincidence? I was about to recommend the same thing - duh.

    HOWEVER, just because your money judgment arose out of a claim for “property damage” does not mean that you have to hire an attorney specializing in “property damage claims” to collect your judgment! Double duh!

    That is about as sensible as choosing an auto mechanic because he drives a car the same color as yours.
    ____________

    For the third time, turn the judgment over to a New Jersey law firm that specializes in collecting them.

    You’ll find them crawling over each other in the yellow pages.

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