what happens if you can't pay a small claims judgment?

[goodkitty]

I live in North Carolina and my former roomate owes me almost $2500. i'm positive that i'm going to win in court but she's allowed what i believe to be $3500 in exempt property. she owns almost nothing worth anything. All her belongings are worth less than this value. If she loses and can't pay and claims all her belongings does this mean that i'm out of luck? or is there another way to reclaim payment?

 

[c-u-n-court]

Is she employed? You could seek garnishment but she would definitely have to be employed :[ Otherwise...you know the blood and turnip analogy.

 

[JETX]

Looks like 'C-U-N Court" needs to go back to school.

With the NC exemptions to wage garnishment ("100% of last 60 days’ earnings for family support. Garnishment only by political subdivisions for taxes, ambulance fees"), you can't garnish wages in North Carolina.

So, unless you have located other assets that could be siezed or levied, it looks like you are going to get an 'unenforcable' judgment, at least in the short term.

NC judgments are valid for 10 years. I would check on her every 6 months or so to see what if any assets she might have accumulated. Also, you could just 'nibble' at what you can find (bank, etc.) to let her know you are serious and she might agree to a payment plan.

Best of luck... keep us apprised.