procrastinating debtor with no money

[lucid vein]

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

I want to file a case against an ex-roommate who owes me $1400. I have an IOU detailing the debt, with the ex-roommate’s signature agreeing to pay the debt over a period of 4 months. That was nearly 6 months ago.

So, with paperwork like that, I think I’m right to be confident I will win. Unless his defense is convincing to the judge. And his defense will be “I have no job, can find no work and therefore cannot pay this debt. But I promise that I intend to pay it some day in the future”.

It’s the same excuse he used 6 months ago when he wouldn’t pay bills or rent. He’s now living in his girlfriend’s house, and making no attempt to find a job. And hasn’t paid a dime on his debt. He still says he intends to pay, but that’s what his personality is: to seem well-intentioned but then procrastinate forever.

The question is, how do I collect that debt? He doesn’t have much property for anyone to take and sell. He has no wages to garnish. Can, and will, the judge give him a limitation on the time he is to find a job and start paying on this debt? Without some kind of pressure applied from some legal entity, he’s not ever going to pay.

Thanks!

[sandyclaus]

Originally Posted by lucid vein

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

I want to file a case against an ex-roommate who owes me $1400. I have an IOU detailing the debt, with the ex-roommate’s signature agreeing to pay the debt over a period of 4 months. That was nearly 6 months ago.

So, with paperwork like that, I think I’m right to be confident I will win. Unless his defense is convincing to the judge. And his defense will be “I have no job, can find no work and therefore cannot pay this debt. But I promise that I intend to pay it some day in the future”.

It’s the same excuse he used 6 months ago when he wouldn’t pay bills or rent. He’s now living in his girlfriend’s house, and making no attempt to find a job. And hasn’t paid a dime on his debt. He still says he intends to pay, but that’s what his personality is: to seem well-intentioned but then procrastinate forever.

The question is, how do I collect that debt? He doesn’t have much property for anyone to take and sell. He has no wages to garnish. Can, and will, the judge give him a limitation on the time he is to find a job and start paying on this debt? Without some kind of pressure applied from some legal entity, he’s not ever going to pay.

Thanks!

"I have no money" is not a defense to obtaining a judgment, just an excuse for not paying once it is awarded to you. Once you have the judgment, there are other means to collect, such as wage garnishment or levying bank accounts or personal property to collect what you are owed (per state law in your jurisdiction).

[Proserpina]

And those judgments can remain enforceable for an awfully long time....

[rhinocl]

An unsecured judgment from a debtor with no income or assets is worth about as much as his IOU to paper buyer-next to nothing- and it will cost you money to get. I would find out how long you have to sue him and wait until near the end of that time. If he hasn't paid you by then you still sue. Of course if he moves in the mean time then I gave you bad advice.

[Proserpina]

Originally Posted by rhinocl

An unsecured judgment from a debtor with no income or assets is worth about as much as his IOU to paper buyer-next to nothing- and it will cost you money to get. I would find out how long you have to sue him and wait until near the end of that time. If he hasn't paid you by then you still sue. Of course if he moves in the mean time then I gave you bad advice.

And remembering, again, that those judgments can follow a person for an awfully long time.