judgments and bankruptcy
Winning your case in Small Claims Court is often the "easy" part. The real challenge is in the collection of money appeal.
Typically what happens after a person wins in small claims, they are awarded a certain amount of money and bound the defendant to immediately pay said amount. What often happens is that Debtor (the person owes the money) refused to pay or not in a position to pay the debt at this time. There are several possibilities of a collection of money owed in they may take.
apply primarily the verdict creditor (the person who is entitled to the money owed) must have a copy of the sentence by the court. The cost for this is $ 6. After we obtain this document, you must file said Judgement in the parish office. The cost for these is $ 10. These costs are added to the total amount verdict.
Once the sentence is inserted, the sentence creditor may attempt to garnish the wages of debtors, if they employed are. If you are self employed or unemployed, this makes things a bit more difficult, there are viable options, it still paid the money that you deserve.
The execution creditor may send an information subpoena to the debtor. This document, usually given by the court is to be served personally on the debtor. In This document requires the debtor law, all their assets, income, employment status, bank accounts, social security number, etc. list are then required to this document back to send the Judgement creditor. From here, the creditor can try to have all of the assets of the debtor as a bank account to To use force in an attempt to have the money, which make them guilty. If a debtor has a valid bank account, the creditor Bank send out an interim protection, which effectively freezes the debtor's account, so that they do not withdraw anything from it. can at this point the parties to work out some kind of deal. If not, then notified the sheriff and resources are allocated accordingly.
This entire process takes a lot of patience. As I have said about other aspects of the law can be a money-judgment collection as a marathon. Slow and steady wins the race. Often people will go to Small Claims Court mainly on principle. If you do you feel to have been unfairly treated and are awarded on every penny in legal right not to hesitate in the collection said appeal. I assure you, you will sleep better at night knowing you have everything you fight for what you thought was right.
Marty Carbone is an attorney practicing out of the Albany, New York area.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
http://www.carbonelawgroup.com
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