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Mrj9182

How do I get CACH to pay?

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Hi everyone!

It sure has been a while since I last posted. So after I beat CACH and their time to appeal ended, judgment was entered in my favor. Now, how do I actually collect the money from them? I strongly doubt that they will pay without a garnishment, writ of execution, etc. Should I make them appear at a debtor exam? Also, I am wondering if I have to domesticate the judgment to Colorado; their primary location of business. I am thinking about calling Mandarich and demanding that they pay me. What do you think?

 

Thanks!

 

- PD

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First thing I would do is send a 30 day demand letter to the attorney on record and to the corporate offices, CMRRR. You never know, they might just pay up.

If this is a Federal Judgement then you don't have to domesticate it because the judgement if fair game all over the USA. If this is a state judgement, then you will have to. I would first try to see what I can get in Oregon before going the domestication route. They might have offices or might use a national bank where you can simply walk into the branch in Oregon and take a bank account.

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Good Job! Enforce payment as said, if not just get to go to there office and get the servers, your money will be in your account before you unplug the first server ...

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Thanks for the replies! I will get a Writ of Execution. Do I have to domesticate the judgment to Colorado since their principal place of business isn't in Oregon? @1stStep -- thanks for the tip about the banks! Can I just go into any U.S. Bank branch and present the writ? Thanks so much everyone!

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Only if you have to collect assets in Colorado. If you can go into a US Bank branch in Oregon and attach an account there, you are better off doing that. If you cannot collect anything in Oregon, then yes, you would have to domesticate the judgement in Colorado. If you have to do that, I would start by raiding their office and going after their servers. That will be enough to get them to pay up.

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Or, do a little research and find out who their top officers are and send them a letter demanding payment by a date certain or you will subpoena them for a debtors exam.  CC all who you list in the letter.  I bet you'll get paid pretty quick.

 

Good Luck,

 

rt

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I would try to serve a writ at US Bank in Oregon first... if not, then domesticate to CO, then show up to remove equipment from their office.

 

My personal favorite thing to take are the chairs - employees having to stand will go home and not show up until there are chairs again. No employees making calls = no money

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I know a lawyer that has won many cases against them and has politely written them and collected what they owed him. Yes sometimes lawyers are treated differently than propers but its worth trying!!! I would contact Mandarich and CACH send a letter to both!

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I appreciate all of the replies! I will be sure to add the judgment to their credit! Since a writ of execution is a done deal, I might hire an attorney to garnish their accounts. Can I tack this onto the judgment as a legal fee?

 

Thanks!

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I appreciate all of the replies! I will be sure to add the judgment to their credit! Since a writ of execution is a done deal, I might hire an attorney to garnish their accounts. Can I tack this onto the judgment as a legal fee?

 

Thanks!

why yes you can.

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First off, most of the execution stuff can be done without an attorney in Oregon. If that did not work, then you might want to hire an attorney in Colorado. Make sure they are versed in the FDCPA and collection techniques for businesses. You can add any collections costs to judgements and those will be collected along with the judgement amount. This includes any writs for execution (which is why you should try those first, you are out the money initially but you will get is back in the end).

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@1stStep

 

I haven't served the writ on U.S. Bank. For some reason, this whole Writ of Execution is confusing me. Does anyone have a good sample? I haven't heard a word from Mandarich trying to collect. If they do attempt to collect, I'll probably sue them in federal court just to waste their time (and win!).

 

Thanks so much!

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I could be wrong, please feel free to correct me if so. 

 

 

Isn't the appropriate procedure for collecting against a debtors bank account(s), a writ of garnishment?

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In most cases, you file a form with the court and then hand it to the sheriff who will serve it on the bank. You can go the courthouse and the clerk should be able to tell you what to file and how to serve it since that is a procedural item, not a legal item. Remember that there will be fees but those are collected too. I also think you have to send a demand letter first so I would send one to both CACH and to their attorney on records, CMRRR and wait 30 days before doing anything else. If you already sent the demand letter and can prove it, ignore that step.

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