Small Claim Judgements

[bobemartin]

What is the name of your state? West Virginia

I won a small claim judgement. I was told that if the defendent refused to pay the judgement that the court has no authority to enforce the payment. If this is true, what recourse to I have to collect the judgement.

 

[BL]

Check with the Courts Clerk for procedure in your state.

 

[JETX]

"I was told that if the defendent refused to pay the judgement that the court has no authority to enforce the payment. If this is true, what recourse to I have to collect the judgement."
*** It is true. A large number of people think that the court will force the 'loser' (debtor) to pay you. Sorry, but that is simply not true. Once you 'win' your judgment, it is up to you to pursue its payment using the laws that are in place. Some of them are wage garnishment, levies against property and seizure of non-exempt assets.

 

[collections_dep]

If there has been no payment or any contact from the defendent within a week from the court date, I request a docket from the County and send it on to the State. This puts a lien on the property. I don't withdraw the docketed judgment until payment is received in full (+ service charge).
Call the Small Claims division and ask them your options - they're usually very helpful...

 

[JETX]

If there has been no payment or any contact from the defendent within a week from the court date, I request a docket from the County and send it on to the State. This puts a lien on the property. I don't withdraw the docketed judgment until payment is received in full (+ service charge).
Call the Small Claims division and ask them your options - they're usually very helpful...

*** Interesting post. Problem is... none of it is correct.

First, if there is any process of placing liens on property, it is regulated by state laws. And I know of NONE that create judgment liens as you state. In fact, your own state (NJ) doesn't do liens that way.

Here is how judgment liens are done in YOUR state:
"If you or a Court Officer cannot collect the money due you on the judgment, you may have the judgment recorded in the Superior Court Clerk’s Office in Trenton. Once your judgment is recorded in the Superior Court, it creates a lien, and the debtor cannot sell with clear title any real estate owned in New Jersey until your debt is paid."
Source: http://www.richardsonlawoffices.com/tools.htm

 

[collections_dep]

My lack of wording accomplishes your quotes - My version it isn't incorrect - just not technical as yours. It was just a suggestion - one layman to another.