Took ex to court and he still won't pay me.

[Helpthislady987]

A couple months ago I took an ex-boyfriend to court for money that he owed me. He was in jail at the time of the court date but I still won $1600. His mother told him that I won. He has since been out and keeps informing me that he is going to start paying me but he hasn't given me a dime. I know I can get his wages garnished but ultimately that's more money that I'm going to have to pay to do that and he works "under the table" type of jobs so there's no legal wage to garnish. I really need this money. Any advice?

 

[Proserpina]

A couple months ago I took an ex-boyfriend to court for money that he owed me. He was in jail at the time of the court date but I still won $1600. His mother told him that I won. He has since been out and keeps informing me that he is going to start paying me but he hasn't given me a dime. I know I can get his wages garnished but ultimately that's more money that I'm going to have to pay to do that and he works "under the table" type of jobs so there's no legal wage to garnish. I really need this money. Any advice?

You'll have to tell us where you're located, first.

Sadly though, the majority of small claims judgments are never collected; getting the judgment is the easy part.

 

[Helpthislady987]

I am located in Georgia

 

[Zigner]

How did you serve him with the law suit?

 

[Helpthislady987]

I filed the claim at the courthouse then the sheriffs department went to his house and served him. I won my case but now it's just a matter of him actually paying. It's been almost 4 months and he hasn't paid me anything.

 

[Proserpina]

I filed the claim at the courthouse then the sheriffs department went to his house and served him. I won my case but now it's just a matter of him actually paying. It's been almost 4 months and he hasn't paid me anything.

Seriously - the majority of small claims awards go uncollected. If he doesn't want to pay, he's not going to pay.

 

[Helpthislady987]

Then that defeats the purpose of having small claims court if rewards go unpaid.

 

[Silverplum]

Then that defeats the purpose of having small claims court if rewards go unpaid.

Does it?

The reason the awards (not "rewards") often go unpaid is that the plaintiff doesn't pursue payment beyond what is cost-effective. That's not the job of the State to collect: it's the job of the plaintiff. That's stated up front when you begin the small claims process.

Fortunately for you, I googled up the basic page ("collect judgement Georgia" were my keywords) and they also tell you how to collect: http://consumer.georgia.gov/consumer-topics/magistrate-court

 

[Proserpina]

Then that defeats the purpose of having small claims court if rewards go unpaid.

Alas, you are not the first person to discover that a small claims judgment in your favor doesn't really do much other than give you the satisfaction of being "right". These are civil matters, so there are no criminal penalties for non-payment. On the plus side though even the most determined deadbeat might end up having to - gasp! - work legitimately and that's when you strike.

Of course that could take years, and may not happen at all. Be thankful you're in Georgia and he doesn't move to Texas or PA; you can't garnish wages in either of those states.

 

[Proserpina]

Does it?

The reason the awards (not "rewards") often go unpaid is that the plaintiff doesn't pursue payment beyond what is cost-effective. That's not the job of the State to collect: it's the job of the plaintiff. That's stated up front when you begin the small claims process.

Fortunately for you, I googled up the basic page ("collect judgement Georgia" were my keywords) and they also tell you how to collect: http://consumer.georgia.gov/consumer-topics/magistrate-court

I actually agree with the OP to a great extent. Unfortunately those TV court shows (amongst others) have inadvertently promoted the notion that you go to court, the judge rules in your favor, and the defendant has to write you a check right there and then.

I mourn for the loss of common sense in our society.

/End Oscar-winning dramatic performance.