Courts Over- You Won! Now what?

Over the last twenty years, I have settle claims pretty well. I’ve settled with Campbell’s, Bi-Lo, the IRS, CiTiFinancial and one or two other insurance companies. I have a knack for defending myself with free, public information.  One of my biggest pet peeves is to be abused and do nothing about it. That includes my loved ones, especially the older ones! As they are victims of predatory loans.  Wrecked car 12

I know what you’re thinking “Why isn’t this chic a lawyer- right?”  Here’s my answer “it takes too long to get licensed and I forget too much information.” The law book for being a parent is at least 6 inches wide. Even now, as I prepare for court this week, I have already put in 4 hours for refreshing myself. And this is a simple property damage case! My mini van was hit and the insurance company went from total lost to $350 in damages. WRONG answer. With a witness in tow and pictures to back everything up…. I’ll just take the owner to court and let her deal with the insurance company.

This year, I’ve found myself on the plaintiff side again. It’s a property damage case and I’m sure that this one too will end in my favor. Because I’m sueing the car owner and not the insurance company, I have been studying how I will get paid. What I have learned so far (via  ) is that a money reward is just step 2.

Knowing that a court judgment is only an official note stating that a debt is owed, is what many people tend to forget. Courts are not concerned with the process of collecting, meaning the act of actually recovering and receiving the money is up to you.

You need to know that although courts can award damages and demand that companies or individuals pay you, they cannot compel the debtors to physically give you the money. Hundreds of judgments are awarded in court daily across the country, but statistics show that up to 80% of these judgments are never collected.  If you have been awarded a judgment, you have ten years to collect unless you apply to have the judgment renewed for another decade. Your judgment can collect interest, growing in size, however, the longer you wait, it is likely that it will be much more difficult to recover what is yours.

I can also:
1. Get an Earnings Withholding Order
2. Levy the judgment debtor’s property
3. Have the sheriff do a “till tap”
4. Put a “keeper” in their business
• File a Memorandum of Costs After Judgment
• Suspend the debtor’s driver’s license

• Renew the judgment

Something else you should know. When you hold a judgment against an individual, you can garnish his or her wages to collect your judgment. Many states limit the amount you can garnish from a debtor’s wages to 25 percent of the debtor’s paycheck. To garnish wages, you generally must schedule a hearing with the court and prove that the debtor owes you money and has failed to make payments. Similarly, you may also garnish the bank account of an individual or business debtor.

Hope this brightens your day! I know that I am ready for war! Knowledge does that……… Empowers you!

Not my type of car. But wanted to feel the sexy in this! Epic FAIL! Give me my mini van please!

Not my type of car. But wanted to feel the sexy in this! Epic FAIL! Give me my mini van please!

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