What if they can't pay if I win?

[RichardCA]

What is the name of your state (only U.S. law)? California

I am considering suing a business owner who owes me $5000 (small claims). He has told me that he is essentially broke, implying that if I win a settlement, I he won't be able to pay me. He as also tried to dissuade me from Small Claims Court saying that not only will he not be able to pay, but my taking "aggressive action" like that will harm our "relationship" (I am simply a customer--he has been pre-paid and not delivered).

My question is: How likely is it that I would see money if I win in Small Claims Court? Will the State of CA take any action to see to it that the defendant pays me?

Thanks.

 

[KingFahad]

What if...

What if **************.the car breaks down and mom has to drive you to court.
What if the sun does not shine tomm...blah blah
No one can predict the future Richard.

 

[HighwayMan]

Usually the claimant has to take action - it's not up to the state.

You would have to file some type of a lien against the business. Depends on if you're suing the owner himself or the company.

 

[latigo]

a business owner owes me $5000 . . . he has been pre-paid and not delivered.

Provide some detail as to the transaction. If the vendor took your $5K knowing that he could not fulfill his end of the bargain, you may wish to frame your cause of action on grounds of fraud and deceit. And the resulting judgment reflecting the court’s findings of fraudulent conduct. Why?

Because he couldn’t rinse the judgment in a bankruptcy!

Will the State of CA take any action to see to it that the defendant pays me?

The State of California can’t find means to pay its own obligations. How do you expect them to find a way to pay his?

 

[Hot Topic]

It's not the job of the State of California to collect your money for you. There are books at the public library that provide advice on doing it.