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<blockquote>Originally posted by jeajack21

Once you receive a default judgement or a judgement of any kind against a CA, how do you go about retrieving that money?

</blockquote>

Send it to a collection agency :)

LOL

I think each state has different methods, I know in California, there's a section on the small claims court website that says what you should do once you have a judgement. Check out your small claims court's website, or call the court itself and ask about collection of judgements. I think at some point you can have the sheriff go start taking possession of their equipment, but it'll cost you.

[Edit by cookiemnster on Sunday, 24, 2002 @ 03:59 PM]

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In Arizona, you can hire a sheriff to go with you to the business's office and seize the amount of property you think is equal to your debt. The sheriff won't stop you if you think ALL of the property in the office is the right amount. If you threaten to do this, they usually cough up a check.

Also, you could also go to the bank that these people use, show them the judgment and ask how you go about seizing money in their bank accounts.

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There are many ways to collect a judgment once it has been entered by a court. However, each state has its own laws on this subject. In some states you can force the sale of real estate, garnish wages, or, my personal favorite, a "till tap" where the sheriff stands next to the defendant's cash register and pockets the incoming cash until the judgment is satisfied. This is one you will have to research yourself. Go to a law library and ask the librarian for a book on "enforcing judgments".

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Call your sheriffs dept and ask what it takes to have a Fife served (Fi-fa).Be advised of this, if Ga, all one has to do is say they own none of the property on the premises. Also you can screw there credit by having U.C.C. papers filed on them.

[Edit by georgiaboy on Wednesday, 27, 2002 @ 08:24 PM]

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  • 2 weeks later...

Most companies when you contact their legal department to make them aware of the judgement will usually settle with you.

I went through this recently with Sam's Club for an unauthorized credit inquiry.

They never showed up in court or answered any of my letters and a default judgement was entered against them for $2069.00.

I pretty much waited out the 30 day appeal period. Do not be in such a hurry to collect once your judgement it entered. The defendant still has many rights afforded to him once a judgement is entered. You want to wait at least 30 days.

Once I did get to speak to someone in their legal department I got their name and faxed them a copy of the judgement. She said they would be calling me shortly to talk about it.

In short, 3 weeks passed and no one called me. I called the lady back and left a message on her voicemail that by weeks end I would be going back to court to get a writ of execution and have the Sheriff come out to their company and seize property to pay off my judgement.

This message got me a call that very day by a man and the General Counsel for the company who said they planned on appealing the decision based on improper service. I stated that would be pretty hard since.... 1.) it was sent to your registered service agent and 2.) Your 30 day appeal process expired 50 days ago!!!

He then became silent and wanted to know what they had done wrong. He became very friendly and helpful at that point, especiallly since I said I can assure you I will not end this matter until I get restitution from your company!

In the end we agreed to settle for $1500.00 and I should be receiving a check on Monday or Tuesday.

And yes this agreement was in writing and was signed by both parties.

Judgements can be collected, I learned very valuable advice by a book on www.nolo.com it's titled....Everybody's guide to small claims court.

It tells you everything, step by step and how to collect your judgement should you have to be more agressive.

The best damn $20 bucks I ever spent!!

Good Luck!

Tac

BTW I have sued about 10 people this year and have settled out of court with all but one. I have earned a total of almost $9000.00 this year in small claims settlements.

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DH wants to know the basis for suing over an unauthorized inquiry. Is this in the FCRA? I am so glad to know about this as we have at least 3 unauthorized inquiries. Some of them checked both of our CRs. So, would that mean that we each have grounds to sue? :notsure:

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