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no1mine
Guest
I got a judgement against my landlord. What I want to know is how I collect. He is self-employed and the court says I have to get his bank account, how do I do that?
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plantiff
Guest
Garnish Wages
Well, you have to find out what bank he goes to, so that the court can take the wages since he won't pay you. You actually have to collect the money, and if that is not successful, the court garnishes his wages, or puts a lean on his property until he pays.
Well, you have to find out what bank he goes to, so that the court can take the wages since he won't pay you. You actually have to collect the money, and if that is not successful, the court garnishes his wages, or puts a lean on his property until he pays.
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no1mine
Guest
how do you find out what bank he uses. there are at least 20 banks in this town
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plantiff
Guest
Collecting the Money
Well, there are ways to subpeona his bank statements, and each state and county does it differently. If you don't know his bank, then they can take the money out of paychecks, tax returns, reposses your car. There are books that are more thorough, but there are some websites I've found as well. In my county,the of San Francisco, we have an automated information line, and it gives an overview on how to collect if the person does not pay the money owed to you. Did you ask your landlord directly before trying to garnish the wages? If you asked and s/he did not respond, then garnishing wages, taking money from bank accounts are the alternatives. You should have a legal advisor in your county. But, otherwise, you should do as the judge suggested, get a book on How To Win/Collect in Small Claims Court, it will give a more thorough explanation on how to go about it. Your judgement is valid for approximately 10 years depending on your state laws, so if it is a reasonable amount of money, you may be collecting for a while. But, the person can have that judgement on their credit report, and etc. Yeah, collecting is a pain in the butt, unless you win on Court TV, they pay you directly, but who wants their life story aired on TV? I certainly do not want a bunch of gossip on TV.
Well, there are ways to subpeona his bank statements, and each state and county does it differently. If you don't know his bank, then they can take the money out of paychecks, tax returns, reposses your car. There are books that are more thorough, but there are some websites I've found as well. In my county,the of San Francisco, we have an automated information line, and it gives an overview on how to collect if the person does not pay the money owed to you. Did you ask your landlord directly before trying to garnish the wages? If you asked and s/he did not respond, then garnishing wages, taking money from bank accounts are the alternatives. You should have a legal advisor in your county. But, otherwise, you should do as the judge suggested, get a book on How To Win/Collect in Small Claims Court, it will give a more thorough explanation on how to go about it. Your judgement is valid for approximately 10 years depending on your state laws, so if it is a reasonable amount of money, you may be collecting for a while. But, the person can have that judgement on their credit report, and etc. Yeah, collecting is a pain in the butt, unless you win on Court TV, they pay you directly, but who wants their life story aired on TV? I certainly do not want a bunch of gossip on TV.
'Plantiff', lets take a look at your post:
1) "Well, there are ways to subpeona his bank statements, and each state and county does it differently."
Some states allow what is called 'informational subpoenaes' (like California), but most don't. So, your 'help' here really isn't. In fact, in a lot of states, if you try to subpoena banks without the judgment debtor having an account there, the creditor can be charged from $350 to $500 for the banks attorney fees in responding. So, you can see that this is poor advice unless you are familiar with the requirements in the posters state.
2) "If you don't know his bank, then they can take the money out of paychecks, tax returns, reposses your car."
Again, the allowed enforcement methods are determined by state laws, most of which are DRASTICALLY different than those in California. So, your 'help' here really isn't.
3) "There are books that are more thorough, but there are some websites I've found as well. In my county,the of San Francisco, we have an automated information line, and it gives an overview on how to collect if the person does not pay the money owed to you."
Not much help for someone who doesn't live in YOUR county, or even California.
4) "Did you ask your landlord directly before trying to garnish the wages?"
This 'suggestion' doesn't even warrant a response.
5) "If you asked and s/he did not respond, then garnishing wages, taking money from bank accounts are the alternatives."
The poster already said that the landlord is self-employed, and his question was how to get to his bank account.
6) "You should have a legal advisor in your county."
Yes, most counties have LOTS of legal 'advisors'. They are called 'attorneys'.
7) "But, otherwise, you should do as the judge suggested, get a book on How To Win/Collect in Small Claims Court, it will give a more thorough explanation on how to go about it."
I was the one who suggested the book and I am not a judge, but thank you for the opinion.
8) "Your judgement is valid for approximately 10 years depending on your state laws, so if it is a reasonable amount of money, you may be collecting for a while."
Doh!! I wish I had thought of that!!
9) "But, the person can have that judgement on their credit report, and etc."
The judgment gets on the credit report AFTER the creditor puts it there, it doesn't just 'get there'.
10) "Yeah, collecting is a pain in the butt, unless you win on Court TV, they pay you directly, but who wants their life story aired on TV?"
Gee, I wonder if CourtTV realizes that the PAY on judgments??? I assume you are meaning the TV judge shows (Judge Judy, People's Court, etc.).
11) "I certainly do not want a bunch of gossip on TV."
Sorry, but there is already LOTS of 'gossip' on TV. In fact, the National Enquirer even has their own show!!
1) "Well, there are ways to subpeona his bank statements, and each state and county does it differently."
Some states allow what is called 'informational subpoenaes' (like California), but most don't. So, your 'help' here really isn't. In fact, in a lot of states, if you try to subpoena banks without the judgment debtor having an account there, the creditor can be charged from $350 to $500 for the banks attorney fees in responding. So, you can see that this is poor advice unless you are familiar with the requirements in the posters state.
2) "If you don't know his bank, then they can take the money out of paychecks, tax returns, reposses your car."
Again, the allowed enforcement methods are determined by state laws, most of which are DRASTICALLY different than those in California. So, your 'help' here really isn't.
3) "There are books that are more thorough, but there are some websites I've found as well. In my county,the of San Francisco, we have an automated information line, and it gives an overview on how to collect if the person does not pay the money owed to you."
Not much help for someone who doesn't live in YOUR county, or even California.
4) "Did you ask your landlord directly before trying to garnish the wages?"
This 'suggestion' doesn't even warrant a response.
5) "If you asked and s/he did not respond, then garnishing wages, taking money from bank accounts are the alternatives."
The poster already said that the landlord is self-employed, and his question was how to get to his bank account.
6) "You should have a legal advisor in your county."
Yes, most counties have LOTS of legal 'advisors'. They are called 'attorneys'.
7) "But, otherwise, you should do as the judge suggested, get a book on How To Win/Collect in Small Claims Court, it will give a more thorough explanation on how to go about it."
I was the one who suggested the book and I am not a judge, but thank you for the opinion.
8) "Your judgement is valid for approximately 10 years depending on your state laws, so if it is a reasonable amount of money, you may be collecting for a while."
Doh!! I wish I had thought of that!!
9) "But, the person can have that judgement on their credit report, and etc."
The judgment gets on the credit report AFTER the creditor puts it there, it doesn't just 'get there'.
10) "Yeah, collecting is a pain in the butt, unless you win on Court TV, they pay you directly, but who wants their life story aired on TV?"
Gee, I wonder if CourtTV realizes that the PAY on judgments??? I assume you are meaning the TV judge shows (Judge Judy, People's Court, etc.).
11) "I certainly do not want a bunch of gossip on TV."
Sorry, but there is already LOTS of 'gossip' on TV. In fact, the National Enquirer even has their own show!!
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plantiff
Guest
FYI
Yes, the person did state that the landlord is self employed, that is why I e-mailed that person and clarified that. Yes, when I said Court TV I meant Judg Judy, People's Court and shows such as those, not the channel Court TV. I have been asked to be on these shows, that is why I know that they pay you directly, and you would not have to try and collect directly from defendent, that is the advantage of those shows, but the disadvantage is that you must air your gossip on TV. And, I assumed that YOU were a Judge of some sort, so that is why I referred to you as a Judge, I did not know you were allowed to have this website unless you were. I figued you were a retired Judge of some sort. Well, as for the legal advisor, we do have a legal advisor in our county and NO THEY ARE NOT lawyers, they simply lay down the small claims process, such as where to go, how to garnish and those things, as clerks are forbidden to give legal advise. I did not feel like writing an essay , so thanks for filling in the gaps. Besides, I just read up on this last month, I am a novice, but if I still wanted to help that person, s/he seemed oblivious. Thanks.
Yes, the person did state that the landlord is self employed, that is why I e-mailed that person and clarified that. Yes, when I said Court TV I meant Judg Judy, People's Court and shows such as those, not the channel Court TV. I have been asked to be on these shows, that is why I know that they pay you directly, and you would not have to try and collect directly from defendent, that is the advantage of those shows, but the disadvantage is that you must air your gossip on TV. And, I assumed that YOU were a Judge of some sort, so that is why I referred to you as a Judge, I did not know you were allowed to have this website unless you were. I figued you were a retired Judge of some sort. Well, as for the legal advisor, we do have a legal advisor in our county and NO THEY ARE NOT lawyers, they simply lay down the small claims process, such as where to go, how to garnish and those things, as clerks are forbidden to give legal advise. I did not feel like writing an essay , so thanks for filling in the gaps. Besides, I just read up on this last month, I am a novice, but if I still wanted to help that person, s/he seemed oblivious. Thanks.
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plantiff
Guest
Halkett is obviously not a judge or a lawyer
Just for that RUDE RUDE comment referring to my POOR advise, I won't recommend your BOGUS website. And for your information, you don't need a lawyer to fill out the a form Sc-107, but you ought to check with the clerk to find out if that is the same form in your area. YOu fill out a form and then there is a hearing where the person is ordered to show their bank statements and checks. I don't know how much fees are, but you would need a processor. You get a subpeona of that person's bank statments, and other things. After you get the subpeona, the person comes to court, that is how you do it! However, each state differs, that is why you must consult your legal advisor in your state if there is one, which there seems to be in most states. And no, legal advisors are not lawyers. That is why the best thing to do is ask your local small claims court to direct you to what they call the "legal advisor."Looks like Hakett is the only one giving poor advise, I think maybe you should go read a book yourself! You don't need to pay no bank lawyers but you may need a hearing. But, the judgement is good for 10 years, and it builds interest, so you may wonna let it wait so you can build interest. And, FYI, it can go on the person's credit report if he or she does not pay the amount, so at least that person will get what they deserve. Thank you for trying to be smart, but looks like you are really not all that smart.
Just for that RUDE RUDE comment referring to my POOR advise, I won't recommend your BOGUS website. And for your information, you don't need a lawyer to fill out the a form Sc-107, but you ought to check with the clerk to find out if that is the same form in your area. YOu fill out a form and then there is a hearing where the person is ordered to show their bank statements and checks. I don't know how much fees are, but you would need a processor. You get a subpeona of that person's bank statments, and other things. After you get the subpeona, the person comes to court, that is how you do it! However, each state differs, that is why you must consult your legal advisor in your state if there is one, which there seems to be in most states. And no, legal advisors are not lawyers. That is why the best thing to do is ask your local small claims court to direct you to what they call the "legal advisor."Looks like Hakett is the only one giving poor advise, I think maybe you should go read a book yourself! You don't need to pay no bank lawyers but you may need a hearing. But, the judgement is good for 10 years, and it builds interest, so you may wonna let it wait so you can build interest. And, FYI, it can go on the person's credit report if he or she does not pay the amount, so at least that person will get what they deserve. Thank you for trying to be smart, but looks like you are really not all that smart.
Damn, I hate it when the elementary schools let the children play on the internet!!!
Hey, 'Plantiff', please give me the benefit of your incredible legal talents and point out ONE thing that was in error in my post.
Also, you need to re-read my post. I never commented on your poor advice, just that a lot of it was very obvious and was localized (like your SC-107, its a CALIFORNIA form, it doesn't apply to Tennessee, where 'no1mine' lives and where we assume his suit is based).
And, finally, I have to keep going back to your statement of 'legal advisers' ("ask your local small claims court to direct you to what they call the "legal advisor"). Most courts do NOT have 'legal advisers' sitting there waiting to hold the hand of any person that comes in. And I am sure that the California Bar Association would love to talk with your non-lawyer 'legal adviser' ("we do have a legal advisor in our county and NO THEY ARE NOT lawyers, they simply lay down the small claims process, such as where to go, how to garnish and those things, as clerks are forbidden to give legal advise"), since what you claim he is doing could be a violation of UPL.
Have a happy day...
Hey, 'Plantiff', please give me the benefit of your incredible legal talents and point out ONE thing that was in error in my post.
Also, you need to re-read my post. I never commented on your poor advice, just that a lot of it was very obvious and was localized (like your SC-107, its a CALIFORNIA form, it doesn't apply to Tennessee, where 'no1mine' lives and where we assume his suit is based).
And, finally, I have to keep going back to your statement of 'legal advisers' ("ask your local small claims court to direct you to what they call the "legal advisor"). Most courts do NOT have 'legal advisers' sitting there waiting to hold the hand of any person that comes in. And I am sure that the California Bar Association would love to talk with your non-lawyer 'legal adviser' ("we do have a legal advisor in our county and NO THEY ARE NOT lawyers, they simply lay down the small claims process, such as where to go, how to garnish and those things, as clerks are forbidden to give legal advise"), since what you claim he is doing could be a violation of UPL.
Have a happy day...
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plantiff
Guest
Halkett in your attempt to Humilate ME
Before leaving, I missed one thing in your attempt to try and degrade me and make yourself look better by putting me down. Halkett, looking at your statement 1) about subpeons, first off that subpeona is in reference to is a court order, something that is required, in order to get a person's bank of a person, you first subpeona the person to COURT then he or she is required to tell the court his bank and all other things required. There are no attorney fees involved, that is what SMALL CLAIMS court is for, though you may consult a lawyer, but otherwise ALL states, do not allow lawyers to be involved unless you choose to have one out of your own pocket. You stated that there are fees and lawyers and all this, which is not what I was referring to. Sure, you have to pay another filing fee, and another processing fee, but if you already won the judgement, it's a matter of filing fees to get the person's bank to garnish their wages. Small Claims Court is designed cheaper, your comment about $350 on a subpeaon is way off, I don't care what state you are in. Do you even know what a subpeona is? It is a court order, it has nothing to do with lawyers, it is an order to appear in court. And though this may be California, I'm sure there are other states quite similar, nevertheless your comment was totally incorrect. But, you know, in your attempt to try and make yourself look so much better than me, you've actually proven your lack of knowledge of small claims. And as for your comment about legal advisors, I've read a few questions in this forum about small claims. Please, if you are a wonnabe lawyer trying to show off, don't try and put me down so that you could look good, as you have probably been trying all your life to figure out what I just learned within a month! Also, and as for you calling me a kid, look at your self, you are the one trying to play teacher/lawyer trying to correct my statements, and all your corrections were wrong any way. In addition, all you are trying to do is make yourself look good by putting me down, but in the process, showing your lack of knowledge of small claims by making incorrect corrections. I think you were just jealous that I was able to answer the question better than you, why don't you stop putting me down to make your self look so high and mighty, and you're not!
Before leaving, I missed one thing in your attempt to try and degrade me and make yourself look better by putting me down. Halkett, looking at your statement 1) about subpeons, first off that subpeona is in reference to is a court order, something that is required, in order to get a person's bank of a person, you first subpeona the person to COURT then he or she is required to tell the court his bank and all other things required. There are no attorney fees involved, that is what SMALL CLAIMS court is for, though you may consult a lawyer, but otherwise ALL states, do not allow lawyers to be involved unless you choose to have one out of your own pocket. You stated that there are fees and lawyers and all this, which is not what I was referring to. Sure, you have to pay another filing fee, and another processing fee, but if you already won the judgement, it's a matter of filing fees to get the person's bank to garnish their wages. Small Claims Court is designed cheaper, your comment about $350 on a subpeaon is way off, I don't care what state you are in. Do you even know what a subpeona is? It is a court order, it has nothing to do with lawyers, it is an order to appear in court. And though this may be California, I'm sure there are other states quite similar, nevertheless your comment was totally incorrect. But, you know, in your attempt to try and make yourself look so much better than me, you've actually proven your lack of knowledge of small claims. And as for your comment about legal advisors, I've read a few questions in this forum about small claims. Please, if you are a wonnabe lawyer trying to show off, don't try and put me down so that you could look good, as you have probably been trying all your life to figure out what I just learned within a month! Also, and as for you calling me a kid, look at your self, you are the one trying to play teacher/lawyer trying to correct my statements, and all your corrections were wrong any way. In addition, all you are trying to do is make yourself look good by putting me down, but in the process, showing your lack of knowledge of small claims by making incorrect corrections. I think you were just jealous that I was able to answer the question better than you, why don't you stop putting me down to make your self look so high and mighty, and you're not!
"Plantiff", you have already shown everyone on the forum that you have ZERO factual knowledge of ANY laws, now you provide PROOF that you are a liar also.
On 10-21-2001 at 11:39 PM, you posted a message to this forum that you were leaving and never to be seen again (" But now, I am going to disconnect my registration from this forum all together.").
Source: https://forum.freeadvice.com/showthread.php?threadid=79417
And, yet here it is a few days later (your post to this thread was made 10-24-2001 at 01:08 AM), you are back on the forum, still showing us your ignorance of the facts and that you are a liar!!
And since this latest post is so early in the morning, I can only assume that you have creeped downstairs and are using your Daddy's computer while Mommy and "Uncle Fred" are asleep. Shame on you. So, do like all good little boys and get back to bed.... remember, that finger-painting test is tomorrow and you really need to get some beddy-bye!!
Have a happy day!!
Ba-Bye, Sayonara, So Long, Lebe wohl, näkemiin, Adiós, Au revoir, Arrivederci!!
On 10-21-2001 at 11:39 PM, you posted a message to this forum that you were leaving and never to be seen again (" But now, I am going to disconnect my registration from this forum all together.").
Source: https://forum.freeadvice.com/showthread.php?threadid=79417
And, yet here it is a few days later (your post to this thread was made 10-24-2001 at 01:08 AM), you are back on the forum, still showing us your ignorance of the facts and that you are a liar!!
And since this latest post is so early in the morning, I can only assume that you have creeped downstairs and are using your Daddy's computer while Mommy and "Uncle Fred" are asleep. Shame on you. So, do like all good little boys and get back to bed.... remember, that finger-painting test is tomorrow and you really need to get some beddy-bye!!
Have a happy day!!
Ba-Bye, Sayonara, So Long, Lebe wohl, näkemiin, Adiós, Au revoir, Arrivederci!!
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