Trying to collect against defendant

[swardwilson]

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

We won in a small claims case against a bed and breafast that just went out of business. How can I get the owner to pay?

[Proserpina]

Originally Posted by swardwilson

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

We won in a small claims case against a bed and breafast that just went out of business. How can I get the owner to pay?

How have you tried to enforce the judgment so far?

[sandyclaus]

Originally Posted by swardwilson

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

We won in a small claims case against a bed and breafast that just went out of business. How can I get the owner to pay?

The court can only award you the judgment, they are not responsible for collecting it for you.

You have several options:

You could hire a collection agency or you could pursue a collection on your own.

Most jurisdictions allow you to order the losing party into court to answer questions about their assets so you know what there is to collect from. Once you know where the money is, you may be able to attach their business bank account or seize & sell other assets to pay the debt.

But good luck collecting. If the b&b went out of business, chances are there may not be much to collect from them.

[swardwilson]

We had the payment review today at small claims and the clerk told us we could hire a constable to serve him..the b&b was out of state..but the owner lives in our state. Should we even bother to serve him at his home?? Thanks for the responses!