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Discussion Starter #1
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. :empathy:
 

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You can't get blood out of a turnip.......




That being said, I hope you get your $$$$.
 

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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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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.

P.S. Anyone from MI want an actual printed copy of the complied laws I have a printed copy an it as only about 1 1/2 inches thick, we can work out some kind of deal.:laugh:
 

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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;

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.
:good2:
 

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Well it turns out, I won the case :empathy:
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.:flag_of_truce:

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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Have you read up on a writ of execution?

South Carolina Bench Book for Summary Court Judges - Civil Section

I am not familiar with SC but if done properly you should be able to garnish wages, apply liens to titled property or if you know where he banks, you can attach to checking / savings accounts. You may even be able to have the Sheriff secure real property from his residence (TVs, computers, tools, tractors, appliances, etc).
 

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I have known someone in a similar situation. Not sure how he did it but they did garnish the ages of the defendant and he got paid.

I hope you get what's yours.

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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Discussion Starter #13 (Edited)
First THANK ALL OF YOU FOR YOUR OPINION ON MY LEGAL ISSUE.

But Now, the mail lady has delivered to me a brand new legal document from the deadbeat & his lawyer. Since I won the case to get my security deposit back along with tripple damages awarded to me, the looser has now filed a TWELVE page appeals document against the Judge's rueling. He served it to the judge as well as me.

What a dumb ass move on his part & his lawyer. And his lawyer is also a seated judge here in Probate court. All this because I won a $1,500. security depost refund case. What's really stupid about it is now they are taking on a Judge? I mean come on now. I had nothing to do with the judges decision in this matter. I did not make the rueling in my own case.

How stupid. This is the truth. Two days ago, I was looking to sell the Judgement to a bill collector or some other business that buys judgements, because all I want back is my $1,500 security & my $80 bucks for court fees. And last night, I discussed with my wife that maybe if I write a letter to the other party & let him know we could settle this in a mutual way for less than the judgement amount, it would be a good thing to do so we can both shake hands & move on.

How stupid are all these laws. Now Im wondering did the Judge make all these errors that a lawyer would have the balls to file a complaint against a Judge in a stupid case of $1,500 and risk his reputation & incurr even more costs.

Well I called my lawyer & he told me not to settle anything or give in to anything. My lawyer has given me a refrerral to another attorney that has a practice in the county where all the legal stuff is taking place. So in ten days from now, I will have a consultation with him & see where this goes.

I can't believe this- To sum it up. I felt that a landlord was witholding my security deposit without merit. I filed a complaint against him in the proper court. I waited my turn, did everything to the letter of the law. I represented myself as best as I could because it was a $1,500 issue & no lawyer is going to represent me for that amount of money. I go to trial, I win my security depost back plus I was awarded tripple damages. The judge issues his findings. I have nothing to do with how he arrived at his decision. Now Im served with a complaint- but the complaint is a rant against the Judge's orders. So why the hell do I feel like I committed some kind of crime or something.

I don't bother with too many people. I stay to myself most of the time. My wife loves people & is the exact opposite of my attitude with most folks. Well the above case is why IM MADDOG. If this landlord Jackass would have said to me, "Im going to withold a portion of your security because of this or that, etc. I would of said, OK, that's reasonable & understanable. But no. this imbicel goes on a rant telling me how I destroyed his property. I sue him, he goes down. Now he's taking it out on the Judge as well as me.

No one here should take this personal, but in general I believe that people in general have some sort of rotteness in them. That's why we have people cutting off other peoples heads, or killing the poor b****d at the all night gas station for the eight bucks in the till. Yes, I guess Im rotten too. But I WILL tell it to your face like a man & not like some coward blowhard that calls me on the phone to tell me he's keeping my money unjustly. And when I take him to task in the proper way, he gets all crazy on the Judge & me. Well, I did not ask to be put in this situation. There were people who advised me not to sue this mutant in the first place. But I had no choice but to sue him because he was telling an outragous lie about me & how I lived & took care of his property. I could not, and never will allow some
toilet sucking maggot tell lies about me. This guys owns seventeen properties of which fourteen of them are rental income properties. Now he's told the court he has no money & he is retired.
People do indeed suck. Maybe that giant meteor that the scientists keep say is out there with our name on it will get here eventually. I guess that will be the day when we will all be out in the street killing each other & looting & rapeing. Or maybe it will be the day when we hug each other and really meant it. How stupid are we for doing this to each other.

And I fully agree with one of the posts here. We have the best Judicial system in the world. But we've allowed the leagl profession & the politicians run it amuck. At least I have the answer to one of life's nagging questions. How high can you make a mole hill & what does it take to do it. Answer. You can make a mole hill at loeast as high as Mt. Everest and all you need to do it is a lawyer & a lawyer's client who is an out of control moron.
 

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I realize this is a bit of a venting session for you here Maddog so I'm just going to make one comment here.


What a dumb ass move on his part & his lawyer. And his lawyer is also a seated judge here in Probate court. All this because I won a $1,500. security depost refund case. What's really stupid about it is now they are taking on a Judge? I mean come on now. I had nothing to do with the judges decision in this matter. I did not make the rueling in my own case.

The appeal isn't saying anything about you at all. The guy you sued disagrees with the judge's decision. He has a right to appeal just as you had the right to take him to court to begin with. Naming yourself and the judge on the legal documents is just the "proper" way of getting that done. They're doing things the "proper way" just as you did.

As for the reasonableness of the guy you sued and his lawyer... the guy may very well be nuts. But the lawyer is just doing what his client is paying him to do. If his client wants to pay him to tilt at windmills, well... that's how he makes his living. He'll keep filing the legal paperwork as long as his client pays him to do so. At some point his client will decide whether he wants to keep throwing money down the toilet instead of just paying you the judgement amount and being done with it.

With that said, you've proven your case once and appeals are lost more often than they are won. You are sitting (legally) in a better position than he is. What you are going through is the painful exercise of "due process". Try not to take the appeal as a personal affront - it isn't one.

Good luck with all of this and, when he looses his appeal, go slap liens on every one of his properties. :laugh:
 

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People do in deed suck, many of em anyway. Yes the laws are written by (mostly) lawyers whose only goal is to seperate us from our money.

JimR is right, it's just procedure.

The landlord must be crazy, his appeal will likely cost him more than the judgement amount. It would be cheaper for him to now pay you. If he keeps fighting he will spend more on "principal" or whatever. Hang tight, be patient, this too shall pass. Take some comfort knowing he spent the money fighting a foolish fight and not on luxury for himself. To appeal a judges decision on such trivial matters? (Trivial in the courts eyes, not yours or mine) He will probably lose.
 

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I realize this is a bit of a venting session for you here Maddog so I'm just going to make one comment here.





The appeal isn't saying anything about you at all. The guy you sued disagrees with the judge's decision. He has a right to appeal just as you had the right to take him to court to begin with. Naming yourself and the judge on the legal documents is just the "proper" way of getting that done. They're doing things the "proper way" just as you did.

As for the reasonableness of the guy you sued and his lawyer... the guy may very well be nuts. But the lawyer is just doing what his client is paying him to do. If his client wants to pay him to tilt at windmills, well... that's how he makes his living. He'll keep filing the legal paperwork as long as his client pays him to do so. At some point his client will decide whether he wants to keep throwing money down the toilet instead of just paying you the judgement amount and being done with it.

With that said, you've proven your case once and appeals are lost more often than they are won. You are sitting (legally) in a better position than he is. What you are going through is the painful exercise of "due process". Try not to take the appeal as a personal affront - it isn't one.

Good luck with all of this and, when he looses his appeal, go slap liens on every one of his properties. :laugh:
AGREE! Only start getting liens on his properties NOW!

People do in deed suck, many of em anyway. Yes the laws are written by (mostly) lawyers whose only goal is to seperate us from our money.

JimR is right, it's just procedure.

The landlord must be crazy, his appeal will likely cost him more than the judgement amount. It would be cheaper for him to now pay you. If he keeps fighting he will spend more on "principal" or whatever. Hang tight, be patient, this too shall pass. Take some comfort knowing he spent the money fighting a foolish fight and not on luxury for himself. To appeal a judges decision on such trivial matters? (Trivial in the courts eyes, not yours or mine) He will probably lose.
I am thinking the same thing, I hope he is not getting "free legal" if the lawyer is a buddy.
 

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If I had my way, lawyers would be barred from becoming legislators unless they surrendered their law licenses for a minimum of 2x the time they are in office. Lawyers write the laws in such a way to benefit themselves. It's like having the fox guard the henhouse.
 

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If I had my way, lawyers would be barred from becoming legislators unless they surrendered their law licenses for a minimum of 2x the time they are in office. Lawyers write the laws in such a way to benefit themselves. It's like having the fox guard the henhouse.
Some times they don't know the laws they have written. Not mentioning any names, J Biden and your shotgun.


Sent from my iPhone using Tapatalk
 

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He has 17 properties... put leans on ALL of them! :nunu:
 

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Discussion Starter #20
I realize this is a bit of a venting session for you here Maddog so I'm just going to make one comment here.





The appeal isn't saying anything about you at all. The guy you sued disagrees with the judge's decision. He has a right to appeal just as you had the right to take him to court to begin with. Naming yourself and the judge on the legal documents is just the "proper" way of getting that done. They're doing things the "proper way" just as you did.

As for the reasonableness of the guy you sued and his lawyer... the guy may very well be nuts. But the lawyer is just doing what his client is paying him to do. If his client wants to pay him to tilt at windmills, well... that's how he makes his living. He'll keep filing the legal paperwork as long as his client pays him to do so. At some point his client will decide whether he wants to keep throwing money down the toilet instead of just paying you the judgement amount and being done with it.

With that said, you've proven your case once and appeals are lost more often than they are won. You are sitting (legally) in a better position than he is. What you are going through is the painful exercise of "due process". Try not to take the appeal as a personal affront - it isn't one.

Good luck with all of this and, when he looses his appeal, go slap liens on every one of his properties. :laugh:
JimR-Thanks. Yes I was venting. It's just that its such a waste of time. And yes, everyone has rights under the law, but that dosen't necessarily mean we should exercise those rights over stupid stuff. None the less, your comments here are appreciated & they are right on. And I guess, if I were a lawyer & I had a client insisting on making a fool out of himself & willing to pay for the pleasure of it, I would accomodate him too. Well said JimR.
 
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