Are their any armchair lawyers out there?
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    Are their any armchair lawyers out there?

    To make a long story short, I took a property owner to Magistrate court here in SC & had a three hour trial over a $1,500 security deposit. In my initial complaint I asked the court to consider triple damages as allowed by law if I prove my case. Well slap me silly. After three hours of acting as my own attorney, the Judge took the case in advisement which means that in a couple of days I would get a phone call from the court clerk with the judge's findings.

    Well it turns out, I won the case & was awarded a total amount of $4,580. This reflects my original loss plus the triple damages plus my court costs. This judgement is also bearing interest against the defendant at the rate of 7.5% per year for ten year term. Question now becomes how do I collect this judgement which I filed the next day in court after it was issued to me. This guy is not going to pay. I just know that because its been a month & no word from him. I'm told its game over. I've won, but I will probably never see a dime. The reality is that I would settle it with him for my original claim of $1,500 plus my cour cost & a small amount of the punitive damages awarded. I would like to write him & tell him to pay up & make a settlement offer with me, but everyone I talk to says Im wasting my time & Ive done everything I can do. Have I done everything? I only want my money, Im not looking to punish the guy. Any advice. Has anyone been down this road before. Thanks.

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    Keeper of the GTT Cookies dieselshadow's Avatar
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    I am owed a money judgement here in Mi of about $2000. Its been 6 years now. If the defendant has a job you can garnish wages. No job no luck. You cannot garnish SS welfare etc. You can get on a list to get paid if they win a law suit or the lottery or something. That costs more money. Just another case where our legal system really comes up short. Some people like in my case know the rules and play the system. My guy had several judgement against him, get in line. In the end the judge says to me "did you learn your lesson" he ment I should have checked him out better.

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    Sawdust's Avatar
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    Can you get a lien against his property? (or is that a Canadian thing only?) might not be instant cash, but at least he can't take off without paying it.
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    IMO, you have two options. One would be to place a lien against any property he might own (i.e. car, boat, house, etc...) or.... you can do like most businesses do and "sell" the debt to a debt collector. You won't get the full amount but you may very well get your original $1500 out of it. The debt collectors will hound him forever.
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    Every time I have been involved in a case where there was money that was coming back my way the court processed the transaction. I know my FIL threatened arrest if he was not given the money from a settlement. That was in PA and he has a few State Troopers as friends so that might have helped. Other than that as others have said placing a lean on his property may be a viable option. Most laws in this that have to do with these things are not to hard to understand so you might try reading your state laws. Laws can be searched on many state websites.

    Good Luck.

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    Every state is different in what you're allowed to do in order to collect on a judgement or debt. There are so many variables that it would be a fool's errand to try and take information gleaned from a tractor forum into a court of law. What one may feel or believe the law says holds little weight in front of a judge or attorney who has spent a career learning what the law actually says.

    As you've said before;

    Quote Originally Posted by Maddog View Post
    I think it would be a whole lot easier for anyone interested in their local & state laws to look them up on their computer then for me to try and "cite" them.
    An attorney in your area would be an excellent person to go to for advice if you don't have easy access to your state's legal information. Here in Tennessee, we have access to the TCA (Tennessee Code Annotated) via LexisNexis and Michie's. Perhaps there is something similar you could find for S.C.
    Last edited by 56FordGuy; 09-16-2014 at 08:26 PM.
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    Quote Originally Posted by Maddog View Post
    Well it turns out, I won the case
    Wonderful legal system we have isn't it? Congratulations on at least getting to court, I once tried to sue a guy over a property line dispute, every time my lawyer would get a court date set the other side would get it postponed. Turns out the guy was a local slum-lord and had the area's sleaziest lawyer who was also a member of the "good old boys" club down at the courthouse. After 5 years I finally gave up.

    Hope you have better luck.

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    Every lawyer I've ever dealt with regardless of who they work for has resulted in a crappy experience for me.

    The United States justice system is probably the best in the world; but the legal system that makes the machinery work absolutely sucks.

    If the turd you are suing has no assets; then quit wasting your time and money as you can't get blood from a rock. I know it may not be right; but you have to know when to cut your losses.

    Lawyers suck, politicians suck, and generally politicians happen to be lawyers who write laws to cater to themselves.
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    Send a demand payment letter, Lean any known property, Letter to the three Credit reporting agency's (Experian, Etc.) Letter to Employer to garnish wages. It's just some thoughts.
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