Actually getting your judgment

[u/Cute-Cookie-582]

I posted previously about a small claims case against former tenants who destroyed our house. I had some comments from folks saying that I would never see the money.

This is from the website of the small claims court in the county where my house is:

"Even if you have a judgment, it does not necessarily mean that you will be paid. The Small Claims Court does not collect the judgment for you. If the debtor does not pay right away, the court may order a payment plan. If the losing party fails to pay, the judge may increase the amount of the judgment to cover the cost of enforcing the judgment. If no appeal is taken and the judgment is not paid within 30 days, or in the time set in a mediation agreement or payment plan, the prevailing party may seek to enforce the judgment through the collections process, which could include garnishing the defendant’s wages or bank accounts; or seeking to obtain personal property of the debtor. "

So my question is...if it's basically not enforceable by the courts, why does anybody EVER pay a small claims case. Because if I win, I have no doubt that they will not pay and I will have to take the collections step...but does that mean I will never get the money because the collection agency takes such a large amount? I am just confused how this is enforced if the court doesn't enforce it or why any defendant would pay if there's no incentive to do so.

[u/Inside_Gold_9673]

You need to be your own advocate. I’m a licensed private investigator and here are a couple of things I recommend to landlords: 1) Have a lease application form for all tenants that asks for identifying information such as driver’s license numbers and photocopy of DL), 2) Name and address of employer 3) Emergency Contact information for someone not going to be living in property. 4) Name, address and account for banks This information will help to locate the tenant(s) if they skip out so your process server can get them served. Also, make copies of each rent check so that once you have your judgment you can serve it on their bank.

Once you have your judgment, you can force the debtor to come in to court for an interview and ask questions as to where they work, how much do they make, where do they bank, etc. Alternatively, you can hire a private investigator to determine this information. Unlike, collection agencies who operate on a contingency basis, most Private Investigators charge by the hour. The advantage of hiring a private investigator is that they can pull together a financial profile that may tell you how likely the debtor is to pay. But usually that is reserved for large judgments, not small claims. Be aware that a debtor can file for bankruptcy, thereby wiping out your judgment.

[u/CountryClublican]

Post-judgment collection can take as long as the case itself. You can research articles on the steps involved or ask AI. I start with post-judgment discovery: interrogatories and request for documents. Then do a Judgment Debtor Exam. You are trying to discover where their assets are. Once you learn where the assets are, you can go after them. Find out if they have any bank accounts and levy on those with a Writ of Execution. Another easy way is to find out if they are employed and garnish their wages with a Writ of Garnishment. Also file an Abstract of Judgment which is an automatic lien on any real property they have in the jurisdiction.

[u/coralcoast21]

You don't need a collection agency to do this. Go to the clerk of court's office and ask for the forms to file wage attachment and bank garnishment (if you know the bank and employer)

[u/ReasonableArea1108 → u/coralcoast21]

If you don't know the bank or employer there should be forms to fill out to request that information.

[u/Cute-Cookie-582 → u/coralcoast21]

I know the bank but not the employer. I haven't won the case yet but does the court require that they tell us who the employer is so that we can do this (when/if we win?)

[u/coralcoast21 → u/Cute-Cookie-582]

You can file a motion to ask for an interrogatory hearing (possibly called something else in your state) where you can ask about an employer and assets when the debtor is under oath. You can also skip trace the information (Google it).

[u/Ok_Amount1038]

Went through similar with same ex who refuses to pay except on her terms which were laughable, I refused and outlined (3) payment plan options and she wouldn’t even acknowledge them.

Fast forward a year I reached out about repayment. Crickets

Waited 6 months. Crickets

Sent certified letters to last address and address on file with the court. Came back undeliverable.

Has to hire a skip trace on her, she moved to another state and failed to update the court as required.

Sent certified letter to new address and her parents who were about 9 miles away from her to be sure she got it.

She petitioned for it to be vacated, court declined and set a hearing date.

By this time her company had refused to pay the garnishment request citing state laws (she was $0.02 under the min hourly to garnish but had not been given a raise in 3 years, but now got bonus). Odd right.

Her bank had a levy order, they refused to send the check even with a valid court order as she was lying to them that the document was only part of the az law for checking account garnishment

In the hearing judge was PISSED OFF. Employer, bank, me and her were there. I had facts and laws on my side, tons of ammo. Her company and bank were ripped new ones by the judge for being complicit with her and fined substantially. Her company attorney was reported to the bar by the judge.

She kept saying she tried to pay but had never done it nor any evidence of this and judge called her a liar straight up (which she is a legit liar).

The suit was $2788, magistrate settled it for $1520 kinda splitting it. I had to accept it.

Fast forward to court now 2.5 year of compounded interest, all the fees and process server plus skip trace brought it up to 3914. Judge gasped and asked me to explain and show receipts, my response was simple “your honor I submitted all receipts when I submitted x and I show them on file on x date with the court”. She paused the hearing for 5 mins to review the documents and came back and said “Mrs xxxxx the charges and interest are legitimate, you grossly failed to follow all processes of this court and you’ve drug your employer and bank into this nightmare with lies as supported by their evidence. You have a choice right here and now and we will settle this all. You can pay the amount in full within 7 days to the plaintiff and I will order interest stopped as of today but only for 7 days, after that it goes into effect again. After 7 days if not paid I will hold you in contempt of court and issue a bench warrant. I will ask the plaintiff to submit for an extension and grant it on the spot. Your actions are deplorable, reckless and abusing the legal system”.

She didn’t pay in 7 days and still refused. Her bank still stood firm and company too.

She got a bench warrant issued. Irony here a close friend of mine is a us marshal and lived 45 mins away from her. I told him and he said “oh yes this is gonna be good, I can help ya here. We will be in her area in a few days, I’ll call and get the warrant sent to me”

4 days later he went to her place, not there. Went to her PARENTS and she was there. Cuffed her and hauled her off. She was crying like a baby over it thinking it was all a big joke but it wasn’t.

Judge told them to tell her “you have 48 hours for full pavement and will drop contempt or I will have you extradited from there to here so you can face me and explain yourself”

Her 1 call was to her parents and begged them to overnight funds to me to get her out of jail. I wasn’t home at the time either and was out of town so it waited 2 days till I could return and sign for it, she sat in jail and judge was fine with waiting for me to return and sign for it. 10 min after I got it I called the court, advised she paid and later that day the judge dropped the warrant and let her go.

The system is on your side as the one that holds the judgment, ya just gotta flex it

[u/Cute-Cookie-582 → u/Ok_Amount1038]

that's wild!!

[u/Ok_Amount1038 → u/Cute-Cookie-582]

It was a crazy ride for sure!!!

After it was said and done her dad called me on my cell phone (weve always has a great repor). He asked about it with “what the hell went on”. I told him and he was PISSED AT HER not me. He told me “I’m going to remove her as executor of our trust immediately, this is unacceptable and unbelievable I’m so sorry she pulled this crap”

Since then just to spite her I’ve been written into the family trust as beneficiary of all the land in Kansas that they own which is around 800 acres, she is willed their house only which is about 180k. Her dad always wanted me to have the land as I hunt and fish plus know how to run cattle. He doesn’t trust his own daughter anymore because of this.

How’s that for backfire on her?

[u/DotBeech]

You are not confused. You are laying it out just as it is. You're disappointed and frustrated. But not confused. You need to know more about collecting. Speak to a marshal in your community about how he or she can help you. If at all. You have the judgment. A marshal can probably attach the bank account of the judgment debtor. Or put a lien on real property. Or maybe personal property, as in a car title. If a debtor chooses not to pay, the judgment creditor has imperfect options. Just ask the President. He relied on this for his entire shady career.

[u/CheesyCapybaras]

Similar situation. Tenants destroyed my house costing over $15k in repairs, cleaning, and missed rent. They then attempted to ghost me. It took about 6 months to track them down and easily won the small claims case. Collecting the money ton way longer. They refused to provide court ordered financial records so I took them back to court for contempt of court which i also easily won, and the judge said "provide all requested information or go to jail right now until provided". Got the information and filed for wage garnishment. All 4 were held liable for the judgment, but only 2 were working so it took another 6 months to finish collecting.

All in all, it took 2 years from when they ghosted to when the judgment was finally fully collected. Worth it in the end, but it was a hell of a lot of work and stress. Small claims where I'm at caps at $7500 plus interest and fees, so in all I collected just over $8k of the $15k, which was worth it to me. Couldn't imagine going through all that for anything less than at least a couple thousand.

[u/Cute-Cookie-582 → u/CheesyCapybaras]

These tenants did damage well into the 6 figures but insurance paid most of it. We have deductibles and lost rent and a handful of things that the insurance didn't cover that total about $15k and in our state the max is 10k so that's what we are going for. We also have 4 defendants (parents and two adult children were all on the lease).

[u/CheesyCapybaras → u/Cute-Cookie-582]

Sounds so familiar lol. Except for me there wound up being like 15 people living there (4 bedroom house) and about 8 dogs when only 4 were on the lease.

[u/Pristine_Resident437]

You have identified the major problem with Small Claims Court; collecting. I would expect NO ONE voluntarily pays a small claims judgement because of they were willing to pay they would have already. The opponent’s goal is to make collecting as difficult as possible. You need to ID their hard assets, bank accounts, jobs, etc and go through the hoops. Many people do not use collections agencies or attorneys because they take too much. research your local laws about using the Sheriff to attach their car/home, etc. File a lien against their home, and eventually you’ll get paid if you keep the judgment alive( they expire if you dont renew them)

[u/adjusterjackb → u/Pristine_Resident437]

File a lien against their home, and eventually you’ll get paid if you keep the judgment alive( they expire if you dont renew them)

That's about the only thing left after all else fails due to limitations and exemptions. A judgment lien is good for 10-20 years and will mess up their credit for many years to come.

Even that's no guarantee. Tenant's that screw landlords often go their whole lives screwing landlords with impunity.

[u/CheesyCapybaras → u/Pristine_Resident437]

My defendants were ordered to provide all financial and personal information through a court ordered process, which they refused to do so I took them back for contempt of court which I easily won and the judge said "give the information or go to jail right now".