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Collecting a default judgement awarded to ME...what next?


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Long story short, I won my case against a CA who claimed they were the "attorney of record" for Chase Bank. I was served, filed what I was supposed to, paid the fees I was supposed to, showed up at the state mandated arbitration and ended up winning because the CA didn't show. The arbitrator awarded me my fees back in her decision. The appeal period came and went. The CA filed a motion to vacate the judgement based on several false statements by him and also by admitting he calendered the appeal period wrong. The judge promptly threw out the motion and upheld the arbitrators decision and my award.

Mid June I sent a CMRRR letter to the CA informing him that he had 30 days to pay the judgement. I do not expect hm to pay it. My next thought is after the 30 days I gave to the CA, I would contact Chase and demand the default award from them. Again, sending the letter CMRRR and will also include a certified copy of the judgment in the letter to Chase.

My question is this: if Chase does not pay within the alloted 30 days, do I then sue Chase? I think I would have to file a motion to compel payment, and will research that when I need to. At this point I'm just researching what my next steps would be if the CA does not pay and if Chase does not pay.

When I sent the letter to the CA demanding payment, I also sent letters to the 3 CRA's along with a copy of the judgment demanding that the tradelines be removed. Haven't received any word back yet on that one.

I'm tempted to call Chase and see what their records indicate since two days before the arbitration hearing, they had no idea that I was going to arbitration nor that I had even been sued. The "attorney of record" that was suing me was not the same attorney that Chase had in their computer. Just wondering if they caught that up or not....

Any advice on what the next steps are that I need to research would be greatly appreciated.

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Guest usctrojanalum

You know how there are ways for us consumers to avoid paying judgments? well the same is true when tables are turned. Your letters are really not going to do anything. You should look into hiring a lawyer that specializes in commercial debt collection and have him attach a bank account. You can't successfully sue Chase or bring a motion to compel payment.

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In my wife's case, the plaintiff dismissed the case the day before trial. We then filed for costs, and they were granted. We filed a Judgment for costs, and the judge signed it. We received a check promptly from plaintiff's attorney.

Bottom line is, we had in hand a Judgment. Our attorney said if they didn't pay, we could file a lien against their other pending cases, and then we would "intercept" any judgments they received from other consumers. (I know, I know, this would be blood money, but it turns out we didn't have to go this route.)

I wouldn't be surpised if you are paid promptly. If they don't pay their judgments, how can they reasonably expect to get paid promptly when they win? I think you can make them look real bad in their other cases if they don't pay.

Good luck,

DH

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Bottom line is, we had in hand a Judgment. Our attorney said if they didn't pay, we could file a lien against their other pending cases, and then we would "intercept" any judgments they received from other consumers. (I know, I know, this would be blood money, but it turns out we didn't have to go this route.)

I wouldn't be surpised if you are paid promptly. If they don't pay their judgments, how can they reasonably expect to get paid promptly when they win? I think you can make them look real bad in their other cases if they don't pay.

DH

I do have a signed judgment in hand stating that the fees were awarded to me. It hasn't been the 30 days yet that I gave the CA and there is nothing more he can do to me in the courts. As of today, he still hasn't paid and he only has until next week to do so. He may be waiting for the last minute, I don't know. But if I don't get anything, I will talk to an attorney and see what can be done.

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The quickest way to get a check when they won't pay is asset seizure. Look into how this works in your state. In many locations the Sherriff will escort you in and let you take what you feel that will settle the bill. You want that big computer in the back room that nobody is using, you zero in on that and they will produce a check very fast.

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Guest usctrojanalum
The quickest way to get a check when they won't pay is asset seizure. Look into how this works in your state. In many locations the Sherriff will escort you in and let you take what you feel that will settle the bill. You want that big computer in the back room that nobody is using, you zero in on that and they will produce a check very fast.

this has a ridiculous amount of costs up front though. plus corporations are smarter than this. the company I work for (using ficticious names) does business under the name XYZ, Inc. but he purchases all of his office equipment under the corporate name ABC, Inc. so if he ever gets a judgment against him for XYZ, Inc. there is no property to take because all of it belongs to ABC, Inc.

Edited by usctrojanalum
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I have done this twice in the past for a business of mine and did not incure many fees. I think it was $35 court fees and I paid the deputy $45. When there is a claim of other ownership you are generally permitted to impound items until proff is presented to the court. This is the same as a homestead exemption and if one is not on file somewhere, the property can be seized to auction pending objections to the court.

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Well, I had my doubts, but in the mail today was a check along with a Full Satisfaction of Judgment and Release of Judgment Lien for me to sign. :)

Thanks to everyone on this forum for the support and encouragement during the suit. I will continue to just kind of hover around and wait to see if anything else comes up in my life that will need this forum, but until then, I'm just going to read and throw in my two cents every once in a great while.

Good luck to everyone who reads this, and know that there are people out there who are supporting you and will help you along the way.

Hayu Masi! (Native American for Many Blessings)

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See if your rules of civil procedure include discovery in support of execution of judgment (or some similar title). Submit those. When they don't answer, file a motion for order of contempt regarding the discovery. Depending on your jurisdiction: If you are lucky, the judge may issue a warrant that should result in an arrest.

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Congrats to Oregonactor!

True, in NY it starts at $200 and can go upwards of $600. That's why I thought it was expensive lol.

It cost roughly $200 in PA as well, but the fee then becomes part of the judgment amount.

And usctrojanalum, I know you state that your company does business under XYZ but keeps its assets under ABC, but that's penetrable by any decent attorney. Undercapitalization and use of a shell by shared ownership for asset protection purposes is definitely not a foolproof plan.

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