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Chzzyball

New member
What is the name of your state?
New Hampshire
I recently won a Small Claims case against a large company, I won by default since they did not show up. They have sent an appeal but it’s past the 30 day mark and has not been accepted or denied. I’m attempting to collect the money by contacting them. The lawyer they hired advised them not to pay and they’re refusing to pay. What are my options?? I was told I could file a periodical payment motion but I don’t understand it and would rather obtain it in a lump sum if possible.

This company is a large company that is corporate based but this specific establishment is a franchise and owed by one person, the person I’ve been in contact with that is refusing to pay.
 


FlyingRon

Senior Member
Who did you win the judgment against? The large company or the franchisee?
If you won it against the large company, you have to pursue the company, the franchisee isn't responsible.
Vice versa, if you won it against the franchisee, the company is not responsible.
 

Chzzyball

New member
Who did you win the judgment against? The large company or the franchisee?
If you won it against the large company, you have to pursue the company, the franchisee isn't responsible.
Vice versa, if you won it against the franchisee, the company is not responsible.
The judgment was for the franchise
Like the court case was [my name] V. [His Name] [ Location/Company Name]
How would you proceed to collections? Do I go to the courthouse and file forms or wait for the appeal to be accepted or denied? It is past the 30 days for payment.
 

Zigner

Senior Member, Non-Attorney
The judgment was for the franchise
Like the court case was [my name] V. [His Name] [ Location/Company Name]
How would you proceed to collections? Do I go to the courthouse and file forms or wait for the appeal to be accepted or denied? It is past the 30 days for payment.
Who do you think you're going to collect against? Not the "large company", right? You're attempting to collect against the franchisee that you sued, right?
 

FlyingRon

Senior Member
If he filed after the filing date, then go ahead and start the next step. If he manages to convince the court that the filing was timely, then he will be able to stay the collection actions while the case goes ahead. That's on him, not you. See PayrollHRGuy's info.
 
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