Small Claims Collection Help!

[unknown2k5]

What is the name of your state (only U.S. law)? Georiga
I went to court and the person I was suing agreed to make payments to me in oreder to settle the law suit but i have yet to recieve any payments. What form do I need to ask so that I can put the case back on the calendar and see a judge again about the lawsuit.

 

[latigo]

What is the name of your state (only U.S. law)? Georiga
I went to court and the person I was suing agreed to make payments to me in oreder to settle the law suit but i have yet to recieve any payments. What form do I need to ask so that I can put the case back on the calendar and see a judge again about the lawsuit.

Any resurrection of your claim is going to depend on what disposition was made of the original lawsuit; dismissed with or without prejudice, placed back on the miscellaneous calendar, etc., etc., And that you haven't disclosed.

But doesn't it seem a bit foolish and needless duplication to take you debtor to court over a promise to pay and then withdraw, back-off, dismiss the lawsuit (or whatever) in consideration of a second bare promise to pay the same debt?

How many of these lawsuits over the same subject matter do you think the court will allow you to stack?

Also, there are no small claims courts or small claims divisions in Georgia's judicial system. Assuming the amount claimed was $15K or less, your filing would have been in a magistrate court.

 

[unknown2k5]

We never saw the judge. We went they mediation and came to an agreement but that agreement has been broken. The case was in magistrate court and the mediator say if the debtor pay then all I would have to do was file a form to have the case place pack on the calendar so that we can see a judge. But when I went to the clerks office they couldn't tell me the name of form I needed.

 

[Daley]

I am not familiar with GA law, but you have a mediated agreement that has been broken; I would go to your state's court website and look up small claims collections. If a court mediated agreement is as powerful as a judgement, you can put a lien on their real property or even do a levy (sheriff removes the amount directly from their bank accounts).

 

[justalayman]

I am not familiar with GA law, but you have a mediated agreement that has been broken; I would go to your state's court website and look up small claims collections. If a court mediated agreement is as powerful as a judgement, you can put a lien on their real property or even do a levy (sheriff removes the amount directly from their bank accounts).

great advice...

NOT



if a court mediated agreement was as powerful as a judgment, then they would call it a judgment which, only a judge can render. Since it was a court mediated agreement, it is just that. If the OP wants a judgment so they can take actions allowed to a judgment creditor, they have to go to court and obtain a judgment.

 

[Just Blue]

I am not familiar with GA law, so I won't offer advice.

Fixed that for you Daley.

Happy New Year!!