Sued and won small claims against contractor/dba... what now?

[rodnig1]

What is the name of your state (only U.S. law)? New York state (upstate, chemung county)

I sued, in small claims, a heating contractor who is a DBA, and won a judgment for less than $3000.00. the contractor didn't even bother to show up for our case so i presented my case with lots of evidence, and won for a lesser amount than i was asking for.

the 30 days for his appeal is only a few days away, but im sure he will not appeal.

i filed the transcript of judgment with the county clerk a few days ago.

what should i do next???

i really want to go after this guy, because its going to cost allot to get the work he did repaired, and simply up to code.

thanks in advance for any advice on this matter.

Rodney

 

[You Are Guilty]

If the judgment is solely in the name of the DBA, then you'll probably want to start another small claims case naming the correct defendant(s) this time.

Good luck.

 

[rodnig1]

sorry, i see that i worded it incorrectly.

i sued the individual IE: John Smith DBA heating plumbing inc

 

[BL]

If the judgment is solely in the name of the DBA, then you'll probably want to start another small claims case naming the correct defendant(s) this time.

Good luck.

Funny , I sued the individual DBA .

The individual Pd. through another business , then turned around and filed to have the matter vacated as I did not sue the correct entity ( the DBA ) .
I guess because I didn't show for that hearing it was granted .

At any rate ,you have filed a transcript of judgment in the county clerks .That is usually the last resort after all other attempts at collection have failed.

A Guide to Small Claims Court

 

[You Are Guilty]

sorry, i see that i worded it incorrectly.

i sued the individual IE: John Smith DBA heating plumbing inc

Big difference! Try here:
http://www.nycourts.gov/courts/nyc/smallclaims/collectingjudgment.shtml

It is written for NYC small claims, but applies statewide.

Incidentally, last winter, I had a case in the Ithaca courthouse. Unlike the city personnel, I found the people there (judge included) extraordinarily helpful. If you have specific questions, you can always contact the county clerk. They probably answer everyone's questions up there without a fight.

 

[rodnig1]

thanks!

mine was in elmira heights, and the judge there actually volunteered the transcript of judgment last week, and requested that i take it to the county clerk.

but now i need to figure out how to start some type of collection process now.

 

[BL]

thanks!

mine was in elmira heights, and the judge there actually volunteered the transcript of judgment last week, and requested that i take it to the county clerk.

but now i need to figure out how to start some type of collection process now.

You can start with an information subpoena ( small fee from the court clerks with directions ).

Even though it states there's a penalty for not complying , the defendant in my case ignored it and the court did nothing ,saying I can't help that .

Worth a shot .

If by chance you find bank account ,etc . go from there .

Business licenses ,etc .

Since it's filed with the county clerks ,anyone looking at him/her/the business is going to see judgments .It may also impede him/her/the business in doing business until paid and satisfaction of judgment is entered ( don't forget that on your part if Pd, ).

 

[rodnig1]

ok, thanks.

ill be going for the information subpoena tomorrow, or Friday.

hopefully i can get things moving forward with finding out some bank account info. but im sure there isnt anything in it.... of course, if i find out anything and ple a hold on funds, it will let him know that im not playing around.

this guy ripped me off for around $5000 when its all over, so im going after him for anything i can get!

 

[BL]

ok, thanks.

ill be going for the information subpoena tomorrow, or Friday.

hopefully i can get things moving forward with finding out some bank account info. but im sure there isnt anything in it.... of course, if i find out anything and ple a hold on funds, it will let him know that im not playing around.

this guy ripped me off for around $5000 when its all over, so im going after him for anything i can get!

NO , you'll be going after the amount of your judgment , unless he appeals before the deadline.

I sued, in small claims, a heating contractor who is a DBA, and won a judgment for less than $3000.00

 

[rodnig1]

yeah, but i feel that i am going to be lucky to get anything.

with my luck he will probably file for bankruptcy

 

[BL]

yeah, but i feel that i am going to be lucky to get anything.

with my luck he will probably file for bankruptcy

For under 3 grand ,I doubt it .

If he's getting enough business ,he's making money.

The cold weather is not far off either.

 

[rodnig1]

The cold weather is not far off either.

very good point!

 

[rodnig1]

the judge will be getting the information subpoena taken care of early next week, and we will see what happens next.

im willing to place money on the fact that he wont answer the subpoena

 

[You Are Guilty]

Not that I'm suggesting it, but I have heard of certain unnamed people sending the defendant a check for some minor, odd amount (i.e. $11.58). If defendant is as dumb as expected, after check is cashed at defendant's bank, a lot of useful information will be stamped on the back of said check, which a certain plaintiff could then use to start to freeze assets.

Just a thought

 

[NeverWrong]

problem with this is

Not that I'm suggesting it, but I have heard of certain unnamed people sending the defendant a check for some minor, odd amount (i.e. $11.58). If defendant is as dumb as expected, after check is cashed at defendant's bank, a lot of useful information will be stamped on the back of said check, which a certain plaintiff could then use to start to freeze assets.

Just a thought

you dont get checks back anymore .. only crappy photocopies & they destroy to originals .... maybe your bank can get the info though ... I would go over to the guy with a couple of my boys and get the 5K ...