Why does the winning plaintiff have to contact the debtor?

[debodun]

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

I received a judgment in my favor a a plaintiff in a small claims suit. The letter from the court indicated that I should "Contact the judgment debtor and request payment within thirty days." Shouldn't that be the responsibility of the court? Why need I contact a person I'd rather not have any further contact with? If I do contact this person, how should I do it; email, phone or certified letter? What should I say or not say in the communication?

 

[seniorjudge]

You won, that's why you have to contact them.

DUH ...

 

[BL]

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

I received a judgment in my favor a a plaintiff in a small claims suit. The letter from the court indicated that I should "Contact the judgment debtor and request payment within thirty days." Shouldn't that be the responsibility of the court? Why need I contact a person I'd rather not have any further contact with? If I do contact this person, how should I do it; email, phone or certified letter? What should I say or not say in the communication?

It state's you should .

If you do not receive payment in 10 business days ,send a letter certified RRR.

[U]http://www.courts.state.ny.us/ithaca/city/webpageguidetosmallclaims.html[/U]

 

[cosine]

This is just the beginning. There are more steps you can do if the loser doesn't pay up. You may have to go back through the courts for some of these. Further steps include garnishment and/or property seizure. Be sure to follow the letter of the law for your state on how those are carried out. But, first, make the direct contact to give the loser the chance to simply pay up. Certified letter might work.

 

[Mass_Shyster]

Shouldn't that be the responsibility of the court?

No. The court is not a collection agency. You have a judgment, but it's still up to you to collect.

You may want to google "How to collect a judgment"

 

[debodun]

Thank you to those that responded. I don't do this every day, so I need some kind of guidance on how to phrase the letter. Thanks.

 

[You Are Guilty]

The small claims clerk will have a number of useful forms, as well as will be able to answer basic questions as to the process.

 

[collard greens]

I can sympathize with you because I had an experience that would have made contacting the losing defendant imprudent. I once won a small claims law suit against a woman for an accident she caused. She had no insurance and I had to sue her for damages to my vehicle. Before the trial, she falsely accused me of harassing her to the police and her coworkers. After the trial, I obviously could not contact her to collect as I have been given good grounds to suspect she might falsely accuse me again of harassing her by phone. Though I could easily prove my innocence as I did with her previous false allegations of harassment, why would I subject myself to that ordeal again? I simply filed for a writ of execution (the state I lived in did not have a wage garnishment option) as soon as the trial ended.

 

[BL]

I can sympathize with you because I had an experience that would have made contacting the losing defendant imprudent. I once won a small claims law suit against a woman for an accident she caused. She had no insurance and I had to sue her for damages to my vehicle. Before the trial, she falsely accused me of harassing her to the police and her coworkers. After the trial, I obviously could not contact her to collect as I have been given good grounds to suspect she might falsely accuse me again of harassing her by phone. Though I could easily prove my innocence as I did with her previous false allegations of harassment, why would I subject myself to that ordeal again? I simply filed for a writ of execution (the state I lived in did not have a wage garnishment option) as soon as the trial ended.

Your post is irrelevant .

Now go eat your greens,corn bread,and chicken.

 

[RRevak]

Your post is irrelevant .

Now go eat your greens,corn bread,and chicken.

Thanks for the dinner menu for tonight! Mmmm corn bread

 

[BL]

Thanks for the dinner menu for tonight! Mmmm corn bread

Yeh ,I seen greens got ate up quick .

 

[RRevak]

Yeh ,I seen greens got ate up quick .

Where I come from they generally do

 

[BL]

Where I come from they generally do

I liked Jessie's gumbo while I was there . Two bowls full.

And she told me I didn't have to flee ,the cops wouldn't have done nothin'

 

[Antigone*]

Your post is irrelevant .

Now go eat your greens,corn bread,and chicken.

If corn bread is going to be served on the menu then you must also provide me with honey butter, or else forget it

 

[collard greens]

Your post is irrelevant .

Now go eat your greens,corn bread,and chicken.

Did I hurt your feelings? Poor baby. Baby angry? chump.