First time in small claims lawsuit - loaned $7,000 and ghosted

[SmallClaimsHelp]

Did you file a motion with corroborating information that the docket was wrong?

i have left messages with the court to have this fixed.

 

[SmallClaimsHelp]

Defendants were served last week. Had to hire a Process Server. Bailiff server tried 5 times and failed all 5 times.

Process Server knocked on door once and served them.

 

[quincy]

Defendants were served last week. Had to hire a Process Server. Bailiff server tried 5 times and failed all 5 times.

Process Server knocked on door once and served them.

Great. Progress!! Thanks for the update.

 

[Ohiogal]

i have left messages with the court to have this fixed.

Always put all requests to the court in written form -- such as a motion.

 

[SmallClaimsHelp]

Ok the court date is monday. i called and they said the defendant has already once (back in march) requested continuance and it wont be granted again. They siad they wont update the docket but they talked to the magistrate and he is aware the docket is incorrect but knows that it wasnt the plaintiff that requested continuance.

What happens if he doesnt show up on monday?

What happens assuming i win the case and then pursue the wage garnishment?

 

[quincy]

Ok the court date is monday. i called and they said the defendant has already once (back in march) requested continuance and it wont be granted again. They siad they wont update the docket but they talked to the magistrate and he is aware the docket is incorrect but knows that it wasnt the plaintiff that requested continuance.

What happens if he doesnt show up on monday?

What happens assuming i win the case and then pursue the wage garnishment?

If the defendant doesn’t show up for the hearing on Monday, you could (and at this point probably should) get a default judgment.

Then you have the task of collecting on the judgment. Given what you’ve said about your defendant, collecting may be difficult - but the following link gives information on garnishments (from Franklin County):

https://municipalcourt.franklincountyohio.gov/Departments-Services/Small-Claims/Forms/Collect-a-Small-Claims-Judgment/Garnishments/Garnishment-FAQs

 

[baylor3217]

He and the wife didn’t show up. Summary judgement issued in my favor

 

[quincy]

He and the wife didn’t show up. Summary judgement issued in my favor

baylor3217, are you using a different user name? This thread was started by “SmallClaimsHelp.”

If you ARE SmallClaimsHelp, thanks for the update - and congratulations! Now you have additional ways to seek payment of the debt.

 

[baylor3217]

baylor3217, are you using a different user name? This thread was started by “SmallClaimsHelp.”

If you ARE SmallClaimsHelp, thanks for the update - and congratulations! Now you have additional ways to seek payment of the debt.

on the phone of my friend.

 

[quincy]

on the phone of my friend.

Ahh. Thanks for the clarification. And, again, thanks for the positive-news update.

Now, of course, comes the difficult task of collecting on the judgment. I wish you much success.

 

[SmallClaimsHelp]

Back in front of my computer with my login in and account.

From talking to the people at the courthouse they provided paperwork to proceed with wage garnishment and collection from local bank or lien on house as 3options.

Any recommendation on how best to proceed? (one or both or other?)

I've also had a friend point me to an agency that charges around 40% for the process. anyone had any experience with that?

We will also be informing their network and employers of what has transpired.

 

[quincy]

Back in front of my computer with my login in and account.

From talking to the people at the courthouse they provided paperwork to proceed with wage garnishment and collection from local bank or lien on house as 3options.

Any recommendation on how best to proceed? (one or both or other?)

I've also had a friend point me to an agency that charges around 40% for the process. anyone had any experience with that?

We will also be informing their network and employers of what has transpired.

You can check the link posted earlier on garnishments for how to proceed now that you have a judgment.

The house lien delays payment until the house is sold, and any mortgage will take precedence.

Whether you want to hire someone to do the judgment collection for you is a decision you have to make on your own. Forty percent is giving up quite a chunk of money.

Good luck.

 

[adjusterjack]

Was your judgment against just the husband or both the husband and wife?

wage garnishment and collection from local bank

Do both immediately.

lien on house

The judgment becomes a lien on any real property they own, or will own, in the county. It doesn't do you any good until they try to sell the house to somebody who needs a mortgage, or if they try to get credit for something. Sometimes a judgment has to be recorded to become a lien, sometimes it's automatic. Check to make sure you get that right.

I've also had a friend point me to an agency that charges around 40% for the process. anyone had any experience with that?

Yes, I have. A collection agency that charges you a commission will have no better luck collecting from a deadbeat than you will. They will figure it out quickly and move on to better prospects while yours sits.

It would be better if you can find a collection agency that will buy your judgment and cash you out. The downside to that is that you will get a lot less than 60%. But any money is better than no money.

 

[SmallClaimsHelp]

I am proceeding with the lien on their house. I have not yet been able to locate his employer but have hers.

Since she was on the phone with me and her husband discussing the money I was lending them, I understand she can also be sued.

QUESTION - Can i file a separate suit against her since I also know her employer, for wage garnishment? If so, should that new lawsuit be against both of them or just her this time?

QUESTION - Is there a service that can find employers and social security numbers from tax filings, etc? I need that info for the wage garnishment paperwork.

This is getting exciting.

Also, looking forward to when their social network reads all about the details of what she and her husband have done

 

[SmallClaimsHelp]

additionally i understand i can file a "garnishment other than wages at a bank, credit union, or other financial institution".

just so happens i have his TD Ameritrade fall into this category? i believe yes.