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How to make a defendant to pay ?



piter_leto_2003@inbox.ru (Gene)
11/2/2004 3:44:49 PM


A moving company damaged the railings inside the house in PA.
'Peaceful' negotiations went nowhere and a civil case was opened in a
local Magistrate. The defendant did not come to the hearing and the
default judgment was entered for me. The defendant neither appeal, nor
responded after more that 31 days.
What can I do to get the money. The amount I am talikng about is
$1800.00
Please, do not reply to my e-mail address.
Thank you.
 
 
nospam@isp.com
11/5/2004 2:05:56 PM


On 2 Nov 2004, piter_leto_2003@inbox.ru (Gene) wrote:
[ I was awarded an $1,800 PA small claims court
judgment on default and defendant has not appealed
or otherwise responded despite the lapse of 31 days.
What can I do to try to make the defendant pay? ]
Ask the court's clerk or a Pa. attorney how to obtain a writ of
execution then do so and bring it to the applicable sheriff (the fee
you will be expected to pay is conditionally recoupable if the sheriff
succeeds in collecting).
You don't otherwise enable a probably reliable answer about what (if
any) other post-judgment remedies may be available because you don't
make sufficiently clear where defendant and whatever if any assets it
may have is/are located, why the defendant defaulted, or whether in
light this information and of what your contract with defendant
provides there may be grounds for defendant to try to attack the
judgment's validity/effect when you try to have it enforced.
 
 
"Brett Weiss"
11/5/2004 2:06:24 PM


A moving company damaged the railings inside the house in PA.
'Peaceful' negotiations went nowhere and a civil case was opened in a
local Magistrate. The defendant did not come to the hearing and the
default judgment was entered for me. The defendant neither appeal, nor
responded after more that 31 days.
What can I do to get the money. The amount I am talikng about is
$1800.00
Assuming the moving company has a local office, you can garnish its bank
account or other assets. Nothing makes a company pay as quickly as a sheriff
threatening to confiscate and sell its computers.
If the company doesn't have a local office, you may have to enroll the
judgment in a state where it does and garnish/attach its assets there.
--
Brett
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The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
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