How to Collect a Judgment - Lehto's Law Ep. 5.34

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Steve Lehto

Steve Lehto

Күн бұрын

I get asked about collecting on a judgment. You won the case; how do you get them to pay? My advice is based on Michigan law. The laws may vary in your state.
www.lehtoslaw.com

Пікірлер: 529
@angelawoodley78
@angelawoodley78 Жыл бұрын
I want to thank you so much for sharing this video. After watching your video I was able to collect all the correct info, hired an attorney and got the wage garnishment done and now have started collecting after 12 years of the person dodging me. Thank you thank you
@dhuze66
@dhuze66 5 жыл бұрын
The town doctor where I lived had to sue a guy named Ted. It took a while to get his settlement so he seized the guys car and ended up owning it. He drove that car around town all the time as long as I can remember, at least 25 years. The license plate said "TEDCAR".
@sliver108
@sliver108 2 жыл бұрын
That's hilarious 😂
@timothykilpatrick4516
@timothykilpatrick4516 2 жыл бұрын
That's awesome 🤣🤣
@leighanneboles4386
@leighanneboles4386 7 ай бұрын
What an a hole
@KTSLAY
@KTSLAY 7 ай бұрын
​@leighanneboles4386 yeah but that's equitable relief
@ChrisRyman
@ChrisRyman 4 жыл бұрын
This is the best info I’ve found. I’ve searched and actually called a few supposed specialists that do collections but never got anywhere. At least now I know what to ask for
@MrSeanVideos
@MrSeanVideos 5 жыл бұрын
I worked for a plumber back in college doing office work. They had a small claims judgement against a landlord they did quite a bit of work for. The owners ended up sending the sheriff out to collect the rent on the properties for a couple months.
@Grenyas
@Grenyas 5 жыл бұрын
Has a judgement in the face and their negotiation tactic is “we’re not going to pay.” That’s not how this works 😂
@sgtaaronp
@sgtaaronp 5 жыл бұрын
Always a pleasure watching your videos Steve! If I ever need a lawyer for traffic, or consumer issues, I'll will be calling you! Yes I'm in SE Michigan...lol
@scuddrunner1
@scuddrunner1 5 жыл бұрын
As a contractor, I did some remodeling for a towing company and he wouldn't pay. I liened the building the painter told the guy to pay up! The owner said, what are you going to do lien the building? The painter said, no. I'm going to lien all the license plates od your tow trucks. He got paid, I didn't.
@fresh55n9ne
@fresh55n9ne Жыл бұрын
This is the information I was looking for. Very well explained thank you. It’s time I collect my judgement.
@barrb6134
@barrb6134 3 жыл бұрын
Steve, this is probably one of the best and informative videos you've produced! Thks
@breezenking
@breezenking 2 жыл бұрын
You’re the best , is like I was listening to a prophet. It clearly shows that you an expert on how to collect your money on a judgment.
@drba77
@drba77 2 жыл бұрын
Thank you Mr. Lehto for the very informative video. I am suing a landscape guy for $4000, and was afraid I won’t be able to collect the money. After listening to your video I am reassured that I would be able to collect it. Thank you again 👍
@stephenbaker9475
@stephenbaker9475 3 жыл бұрын
Years ago I was sued by a man for breach of contract. He won with a small addendum that he had to give me time to make it right. He made a move before the time allowed and still tried to collect from me. The judge told him that he was in breach of the agreement and would get nothing from me.
@Theooogurl
@Theooogurl Жыл бұрын
It sucks that he was even put in the situation to have to fight in court.
@stephenbaker9475
@stephenbaker9475 Жыл бұрын
@@Theooogurl he was put in that place by a young man myself being stupid because he listened to a controlling and manipulative woman. Honestly the man was selling the land and I was trying to remodel what little trailer was there but didn't have a lot of time. It all just fell apart
@heroesandzeros7802
@heroesandzeros7802 2 ай бұрын
In Jerseyville, IL you can get judgements, but you will never collect anything, especially if you are not from there. Judgements on bad renters, fraud, or personal claims. The local judge refuses to order the other party to pay you or to set up a payment plan. You will have to go the other routes. You cannot put liens on anything because they do not own anything. You cannot take their bank accounts because they do not have any. The only thing that helped me was to notify the credit reporting companies. Eventually, they will want a new car or home, and they will have to pay you first. That has happened twice.
@djrand62
@djrand62 5 жыл бұрын
I have a friend in Michigan who had a judgement against the municipality he used to work for as a police officer and retired from. The municipality (not happy with the judgement) didn't pay and the appeal period expired. So, on the Friday (which happened to be a holiday weekend, he had papers served, in essence shutting down the municipality until court resumed the following Tuesday. He was nice enough to phone a friend who still worked in the clerk's office to let them know what was about to happen. In the case of the municipality, their budget accounts and all assets were froze until a check was hand delivered by a smiling police officer.
@sanansa4567
@sanansa4567 3 жыл бұрын
well it was an individual that worked for that town who made that decision and they should have been fired.
@djrand62
@djrand62 3 жыл бұрын
@@sanansa4567 It was the municipal council that decided they weren't going to pay and refused to direct the clerk to make the payment.
@JamesKing2understandinglife
@JamesKing2understandinglife 5 жыл бұрын
Thank you for giving me your expert knowledge and proven experience in collecting judgments.
@JDseller1
@JDseller1 5 жыл бұрын
Steve I have rarely been able to collect a penny on a judgment. This wonderful thing called bankruptcy usually happens long before any judgment or soon thereafter. Also if your going through court to get the judgment your usually an unsecured creditor. So it seems that the majority of the time some form of bankruptcy is enacted as soon as I file the court case to start getting a judgment. It seems your used to going after people that just chose to not pay but have assets. That is rarely the case around here. People that do not pay usually just do not have assets to pay with.
@thomascrabtree
@thomascrabtree 3 жыл бұрын
You can get court payment orders that ignore bankruptcy, student debt is one of them.
@Cautionary_Tale_Harris
@Cautionary_Tale_Harris 3 жыл бұрын
This is the situation my family is in. The individual the judgment is against has no assets and they simply don't care. They have no job, live in someone else's house, drive someone else's vehicle. And this person is 100% content to live that lifestyle.
@robert5
@robert5 2 жыл бұрын
@@Cautionary_Tale_Harris You should have never bothered with it then.
@Cautionary_Tale_Harris
@Cautionary_Tale_Harris 2 жыл бұрын
@@robert5 It's very clear the law is set up to defend people like that. They just go through life with absolutely no responsibilities and if you're unfortunate enough to live near them, their choices could cost you out of pocket and there's nothing you can do about it.
@robert5
@robert5 2 жыл бұрын
@@Cautionary_Tale_Harris I used to own an ISP business and met plenty of them. They would sign up and I'd never collect any further payments from them. They would just push it as far as I'd let it go before cancelling them and then I'd never collect anything after that. So yes I know about these people. Live and learn.
@pixelpatter01
@pixelpatter01 5 жыл бұрын
Thanks Steve, that was very informative.
@richardthomas1566
@richardthomas1566 11 ай бұрын
Steve I will never put out of business but I’m a subcontractor and have collected at least 3 times over the years by picketing their model home. Of course these are not gated communities but you could picket at the gate .This really hurt sales they have called the cops before and as long as your on a public street your ok . I did have a cop come and explain this to the builder that did not pay and in GreatFall s Va . As long as I don’t have more than 5 people I’m ok and if I do I need to get a 25 dollar permit and it’s easy to get but you have to have a Porta john on site that’s what the permit is for the cop said. Can you imagine a Porta john out side a model home lol.
@jlawrence0181
@jlawrence0181 5 жыл бұрын
Steve - no one hates judgments as much as employers who have to deal with garnishments. I know of several companies that I have worked at where they terminate employees on the third garnishment. It is a royal PITA for meas a plant controller to have to cut special checks to courts or collection agencies ... especially when garnishments are paid out weekly.
@Clapxiomatic
@Clapxiomatic 5 жыл бұрын
Considering you'd have to be in some real deep shit to have 3 garnishments, I dont blame the employers. You are Federally protected for ONE garnishment.
@larryforeman7157
@larryforeman7157 4 жыл бұрын
I had a friend in California with an acoustic ceiling business. He sometimes was stiffed by general contractors when a project went belly-up. When he won a judgement in court, he would ask the judge to have the bailiff take what the defendant had right then. There is a Latin term for this, which I don't know. These contractors often had lots of cash on them because 1) they were wealthy, and 2) they often tried to shield their money from a pending judgement (they know they're going to lose). He said, it was humiliating to the defendant and that was all he'd probably get. He would take every penny.
@OPYates
@OPYates 2 жыл бұрын
If I remember my high school Latin class, I think it was something like Arrepto bonorum, or “seizing assets” the correct response is “Seize this, Honkus!” 😂 (Thank you, Mel Brooks)
@psstoffnow
@psstoffnow 4 жыл бұрын
Several years ago in Virginia I had a judgement in Small Claims against an individual. He was a pain in the a$$ both pre and post judgement. I wanted him to set up a payment plan but he stopped all communication. I went back to court and they helped me place a lien on his property which got his wife's attention, they never once missed a payment
@mwelwakostrick6771
@mwelwakostrick6771 3 жыл бұрын
How did you do that? I am in a similar situation resulting to going after his home but not sure how to put a lien on it. You hire a lawyer? Was it just a matter of filing some documents and listing his home property or do you need his bank/lender info? What state are you in? Filing in DC. Thanks for the help.
@shimjocky
@shimjocky 5 жыл бұрын
Love the D104 on the shelf. Had those when I was young. Back then our Social Media was Citizen Band. :)
@jpdunamislodge
@jpdunamislodge Жыл бұрын
Perfect timing for where I’m at. 👍🏼
@dotwill
@dotwill 5 жыл бұрын
This is about as savage as I’ve ever seen Steve.
@xs10z
@xs10z 5 жыл бұрын
Steve "Zero Fucks Given" Lehto
@Clapxiomatic
@Clapxiomatic 5 жыл бұрын
The part about cockroaches hahaha
@williammcelleney1060
@williammcelleney1060 5 жыл бұрын
Great vid Steve, great lessons I wish I had learned 20 years ago.
@VideosByAl
@VideosByAl 5 жыл бұрын
I put a lien on a guys house after a small claims court judgement. Got paid 8 years later.
@VideosByAl
@VideosByAl 5 жыл бұрын
@@FreedomsNurse 18% !
@myutube6422
@myutube6422 5 жыл бұрын
In Washington a procedure that I have used when I had a small claims judgement; wait the 21 days, take your judgement into the District court clerk, for a few bucks register/file the judgement with them, then walk across the hallway to Superior court clerk and register/file it with them, then it becomes a lien against their property. This is where it apparently goes on their credit report and when they sell their property, you get a check.
@21972012145525
@21972012145525 2 жыл бұрын
What if they don’t own property though?
@Admirallmao
@Admirallmao 5 жыл бұрын
Don't forget you are under no legal obligation to answer your door to anyone for any reason ever. You aren't even obligated to hide the fact you're home if so choose not to, it is all about how much harassment are you willing to take if you don't go into ninja mode when they come to your door. They will not stalk your property to try and catch you, they do like early morning pop-ins to increase the odds you, or someone else will be there to answer your door. However any asset not under lock and key (like a vehicle) they can run a search on the plates/vin # and if your name is on it (yes even if your partners/wife's name is on it as well) they can take it rather you answer or not. Note that if you do answer the door and they have a writ, you cannot stop them from executing it against you, if need be a police officer can place you into his custody to prevent you from acting on any opportunity to interfere while they're executing the writ.......... I better state that by using they, them I am referring to the court officers or sheriffs deputies the creditor who obtained the judgement against you is not allowed to participate in the execution of a writ........... Creditors use a tactic where they will tell you that they can initiate a sheriffs sale against you if you don't pay on a judgement, but that simply isn't true. Sheriff's sales only apply to court ordered bank foreclosures, not any judgement granted there after, only the original foreclosure......... You can also sell/reassign the judgement to a 3rd party for various collection actions, if 30 cents on the dollar is better than no cents on the dollar this might be worth it to you. There are also judgement investors and judgement investor scams so be careful..............
@stevelehto
@stevelehto 5 жыл бұрын
Personally, I think we should be allowed to opt out of letting people knock on our doors altogether. The only people who knock on my door at home or show up unexpected at my office are people I'd rather not deal with.
@carlanderson5068
@carlanderson5068 5 жыл бұрын
From what a friend found talking to the county sheriff here (Oregon) getting a writ of execution filled out there is specific language that can be used. Along the lines of "all force authorized" that will allow the sheriff to break down the door to get stuff to auction off. Lacking that language, they can only seize assets in the yard that they can find (cars, etc) but the only thing preventing someone with a judgement from including that language is lacking the knowledge that it can be legally authorized by the person with the judgement on the writ. I am not a lawyer, nor directly involved in any debt collection, and might be specific to some states/situation, so take this all with a grain of salt.
@Admirallmao
@Admirallmao 5 жыл бұрын
@@stevelehto Yeah putting up signs that say no service, no solicitation, etc ect, ect don't work when posted as if you're placing a no trespassing sign on your property, people just do not read them, or they flat out ignore them. However I have a fix that has kept salesmen from my door. I bought a thermostat enclosure (the kind used to lock out access to thermostats) I removed the lock, so it is just basically a see thru plastic cover. I have installed it over my doorbell, and used vinyl lettering that states to ring doorbell lift here, but it also says if you're in the process of soliciting do not ring my doorbell. I also used the same vinyl lettering on my always locked 100% glass storm door that says do not knock on glass, forcing people to have to read the doorbell cover. It works very well in the 2 years I have been doing it, people just leave without knocking or ringing.
@ateamfan42
@ateamfan42 5 жыл бұрын
Years ago I had to bring a former landlady to small claims because she refused to return our security deposit after we moved out. She showed up for the initial hearing date, but our case got rescheduled before we could see the judge. On the rescheduled date, she didn't bother to show, so we got a default judgement in our favor. She never paid, and I expect she decided she was just going to ignore the whole deal since she had already verbally expressed how she felt she wanted to keep the deposit. Once she was served a summons by the sheriff for a disclosure hearing (similar to the creditor's exam Steve mentions), she freaked out and hired herself a lawyer. I was told by friends in the profession that the lawyer she chose was particularly expensive for the area. I expect he collected a hefty fee to explain to her that yes, she does need to comply with a court judgment. We got a check with a letter from her lawyer right before the hearing.
@user-bo8yt4uc8b
@user-bo8yt4uc8b 5 жыл бұрын
This is really interesting topic. I’d like to hear this expanded to car loans and repos.
@johntracy72
@johntracy72 4 жыл бұрын
Here in Texas, it's very difficult to collect because Texas law is in favor of debtors not creditors. They cannot garnish your paycheck. If you are on Social Security or Social Security Disability, then your bank account is safe. Your paycheck can be seized if it's been deposited into a bank account.
@ZenFitness6
@ZenFitness6 3 жыл бұрын
Thanks Steve - good input and insights.
@ericeglish3948
@ericeglish3948 5 жыл бұрын
You are allways good about stating that, state laws change from state to state. I can't think of a circumstance where this is more true, than post judgement collections. In Texas where I reside, wages are not garnishable, your homestead and primary car are exempted from a writ of execution.. Small corporations are even worse because they often transfer their assets to other shells before judgment.
@xaviusamericus9561
@xaviusamericus9561 5 жыл бұрын
Eric Eglish That maneuver usually constitutes the crime of fraud which becomes one of justifications for piercing the corporate veil.
@ericeglish3948
@ericeglish3948 5 жыл бұрын
Absolutely correct, but it is still super common. Having tangible assets leased from shells is also common.
@mrsstomperhere
@mrsstomperhere 3 жыл бұрын
got a judgement on a guy here in texas-he thought he could refuse to pay me thinking i a handicapped woman without a vehicle. first i had one of his cars towed off and sold at auction for chump change and he calls me cussing wanting to make payments but never showing up, now i have paid the fee for a garnishment of his bank account which will occur by weeks end. i already checked his balance, my money is in there. its his own fault so i feel no pity for him cant wait to get his call after his bank account is locked and emptied by he collection agentfor theJP
@kayvonmansouri
@kayvonmansouri 2 жыл бұрын
did you do this yourself or did you use an attorney? I just got a judgement, but am worried i cant collect on it.
@garybelcher8259
@garybelcher8259 5 жыл бұрын
Great video. Doesn't do much good to win in court if you don't receive whatever was awarded to you.
@chrisk6159
@chrisk6159 5 жыл бұрын
In some states - like Florida - there are homestead laws that prevent lien foreclosure on someone’s homestead (the house owned and lived in by the debtor) until the property is sold. That’s why Florida is a debtors paradise for some wealthy individuals with lots of legal issues. People don’t always move here just for the weather.
@Warren3carpentry
@Warren3carpentry 9 ай бұрын
Great info and great video. I just had to put a lien on a customer for nonpayment of 20.000.00$
@etcflyers3760
@etcflyers3760 5 жыл бұрын
I had an individual who owed me $300 for some work I did and would not pay. I took him to small claims and he defaulted so I had a judgement. Rather than go after his bank account which was probably empty I sent the deputy after his Harley Davidson. I got paid cash the next day. Dirtbags will give up children and wives before giving up the Harley.
@davidlatino8986
@davidlatino8986 4 жыл бұрын
I have the same issue with this dirtbag..I gave him $380 for a custom entry door and he never made anything! I'm going to take him to small claims court...I'm 100% positive I'll get a judgment against him...after I win. what's documents do I need to seize his property or his tax returns. I forgot to mention he does have a business. Appreciate the help
@stephenfarina8234
@stephenfarina8234 3 жыл бұрын
Also would you be willing to do a short vid on best questions to ask during the debtor examination? Questions that would help disclose assets that the debtor has tried to hide? Thanks again for these great videos! Ur the best! (The Judgment I received is against an individual that resides in the District of Columbia and has an office in Virginia)
@gregoryscott7088
@gregoryscott7088 5 жыл бұрын
"Make them an offer they can't refuse" - Don Lehto.
@hecatommyriagon655
@hecatommyriagon655 2 жыл бұрын
I live in Norway, so rules are probably different here, but I remember vividly some 20 years ago, when I was unemployed and sometimes couldn't afford paying all my bills on time. I would simply call the electricity company, phone company or whatever I couldn't pay, and say: "I'm really sorry, but I don't have the money for this when this bill is due. I will get the money for it in 10 days (or whatever)." They would without exception say: "No problem, we'll just extend your due-date." I can't remember that they ever charged me any interest, even though that was within their rights. So my experience, even though it's from another country, is that creditors are willing to work with you, IF you call them before shit hits the fan, and just explain the situation to them.
@reginaschellhaas1395
@reginaschellhaas1395 Жыл бұрын
I'm sure they kept records of your calls. If you called again, some months later, they could see you kept your word and paid within the extended due-date, so they would work with you once again. I suspect it's simpler to work with a willing and honest customer, versus the expense of courts, so a win-win for both parties. Your comment has very good advice! I hope you are in a much better financial position now. Best wishes....
@hecatommyriagon655
@hecatommyriagon655 Жыл бұрын
@@reginaschellhaas1395 Indeed, they would log it in their database/customer system, so they could definitely keep track of it. I suspect it's better for everyone and it also kept me as a costumer happy, since I knew it wouldn't be a problem. A happy and loyal costumer is better than losing one. Thank you, my financial status is much better these days, as I actually have a stable job. 😊
@Kenny1594
@Kenny1594 5 жыл бұрын
Very interesting video! Thanks!
@rocksandoil2241
@rocksandoil2241 4 жыл бұрын
I couldn't get the sheriff to execute...too much trouble for a mere $900. But 9 years later (having filed it in 2 counties) they tried to refinance and had to pay the judgment out of the loan proceeds … :)
@american6183
@american6183 3 жыл бұрын
nice!
@white_rook2060
@white_rook2060 5 жыл бұрын
I remember when Denny got out of jail years ago and he was working at a 7-11 on Mound/16 mile!
@campassi1961
@campassi1961 4 жыл бұрын
Steve, Thanks for all the great videos. In my rural county in Alabama the circuit clerk has NEVER seen an execution in 12 years when I presented one yesterday 12/19/19. Does the execution take priority over items with bank loans? Does the bank take second position? Incidentally I have 2 months left on this judgement before expiration. You would be surprised what ten years does to $2500 at 12%. I talked to the sheriff of that county a few minutes ago (it's easier here - you should meet this guy, he is a treasurer like from an old movie). He says that he hasn't seen a Writ of Execution in over 20 years. In case you are interested in South law, he says that they go to the residence, present the document, mark it as "nothing found," and the debtor then is brought before the judge (of three adjacent counties). I assume at that point I (or the judge) asks him under oath about his assets.
@88omarz
@88omarz 2 жыл бұрын
That’s great. I just dropped off my documents for the sherif to deliver. Will see how that works out. The county wasn’t very familiar with the issue process.
@johnleclerc8806
@johnleclerc8806 5 жыл бұрын
I've won a few judgments for my company in small claims court where the maximum judgement is $5000. Since our average lawsuit was $2500 we didn't have much excess to pay for a process server. We used certified mail which is fairly easy for a defendant to ignore even if you mailed to the correct address. Even if the defendant answers the door he doesn't always provide a legible signature. My success rate is 30% net of expenses. I would never try to execute a writ against assets with professional help.
@johnleclerc8806
@johnleclerc8806 5 жыл бұрын
Correction: I wouldn't try to execute a writ WITHOUT professional help.
@geewhizwhiz2788
@geewhizwhiz2788 2 жыл бұрын
As always. Superb advice.
@ThriftStoreHacker
@ThriftStoreHacker 5 жыл бұрын
There are two shows called The Sheriffs Are Coming and Can't Pay We'll Take It Away. Shows how this exact scenario takes place in the U.K. with command of the high court.
@gtfob4shtf
@gtfob4shtf Жыл бұрын
Thank you. Love your delivery!
@sphillips6357
@sphillips6357 3 жыл бұрын
Can you get a judgement against a government agency? In 2016 I was overpaid $81.00 for unemployment. In July, 2020 I placed an unemployment claim and found I don't quality because of that over payment. Between late fees, penalties, and compound interest on those fees I now owe over $5,500.00. That seems just unreasonable to me, even if the law does allow it.
@label1877
@label1877 2 жыл бұрын
No, they have immunity.
@isabelleslight6822
@isabelleslight6822 Ай бұрын
Thank you for this video, it is extremely useful.
@waynegriner2620
@waynegriner2620 5 ай бұрын
Fantastic video, very informative. Thank you.
@billklintworth43
@billklintworth43 3 жыл бұрын
Hey Steve. Love the stories. I can’t think of a lower life form than someone who has the means doesn’t pay their bills. Just because they think they can get one over on you.
@1947shadow
@1947shadow 4 жыл бұрын
Refreshing to view your presentations! Still have not resolved your "Benjamin" issue on your bookcase. Stay your course....
@joyofalltrades1239
@joyofalltrades1239 5 жыл бұрын
Round of applause here 👏🏾👏🏾👏🏾 Thanx
@probuilder961
@probuilder961 5 жыл бұрын
I won a small claims case & took me 2 years to collect from the small business. I kept at it, & with some amateur detective work, I got paid. Funny thing is, I won the case without dispute, since the defending party failed to appear. The judge didn't even look at my evidence. I should have sued for the max amount allowable!
@Superpaul205
@Superpaul205 5 жыл бұрын
Pro Builder how did you collect?
@robert5
@robert5 2 жыл бұрын
@@Superpaul205 He probably confiscated some of their property using legal means available to him in his state. Check your state laws. I live in MI now but recently moved from WA state. In wa state you can sue in small claims court and then pay a small fee to transfer the judgement to state court. After that you can show up with a sheriff and a moving van and empty out their house or business and auction that stuff off to pay the judgement amount plus expenses. I used to have a business in wa state and used the threat of that to get paid by many customers who owed me money.
@ajc2024
@ajc2024 Жыл бұрын
Thanks for info. Really helpful in my small claims case in Alabama.
@chartle1
@chartle1 5 жыл бұрын
All my money and everything I own is in a Montana LLC. :-)
@chartle1
@chartle1 5 жыл бұрын
@@rockymntnliberty Um I have the LLC buy it with a corp credit card from a..... Blue Apron and have it sent to me at a PO box. ;-) < note smiley
@Don.Challenger
@Don.Challenger 5 жыл бұрын
Someone may appear with a herd dog and wrangle your wealth on the hoof off to the dog food cannery.
@Clapxiomatic
@Clapxiomatic 5 жыл бұрын
@@rockymntnliberty Considering the main guy ended up shot to death, id say yeah, it didnt work out so well.
@fredflintstone4715
@fredflintstone4715 5 жыл бұрын
You don't own it if it's in an LLC. Gotta watch how you say things to avoid troubles.
@Thuddriver01
@Thuddriver01 5 жыл бұрын
Steve; I love your channel. Please please keep up the good work.
@BuzzLOLOL
@BuzzLOLOL 5 жыл бұрын
Best not to get into a situation where you're owed money... Landlords should get a deposit and first month's rent in advance... make sure you stay ahead... Don't get involved with anybody or business heading into bankruptcy...
@jacobthetrucker9134
@jacobthetrucker9134 5 жыл бұрын
What if they move to another state?
@Don.Challenger
@Don.Challenger 5 жыл бұрын
It follows you like a dark angry cloud (of hornets) dogging your heels (like the posties best yappy friend).
@DG-ti4qc
@DG-ti4qc 5 жыл бұрын
Steve new subscriber here. Love the channel and could've used sooooooo much of your advise back in '09 when the crash caught up with me. Dammit I wish I was more into KZfaq and the interwebs back then!!! Now just enjoy watching all the LEGAL CREDIT CRUSHING mistakes I made. LOL. And ummm yeah comment not directly related to this video. Back then I would've shown up at someones house with a bat just to save my own a-double-s if they owed me money ahahahahahahahah. And of course not a recommended solution to collection issues. Works for the outter fringe though according to every action movie I've ever watched. If only I was more like Arnold from back in the day!
@amansingh1851
@amansingh1851 2 жыл бұрын
Dyammmm thanks for this I am having issues with my contractor.
@sampletaster5093
@sampletaster5093 2 жыл бұрын
Been there did everything in the video. Even had him thrown in jail. Even hired debt collectors. He beat the system by putting his money in a corporation his girlfriend owned. I could not get to it according to my lawyer. All his assets were in this corp. I could not collect from his retirement accounts by law. He beat the system
@Theooogurl
@Theooogurl Жыл бұрын
Wow people will go to no end to avoid being accountable to their mistakes
@4.0gpa44
@4.0gpa44 Жыл бұрын
You can try to pierce the corporate veil on the basis of fraud, commingling of personal assets with business assets, and possibly failure to follow corporate formalities, like having regular board meetings.
@sampletaster5093
@sampletaster5093 Жыл бұрын
I tried that my lawyer thought it was too hard. It was a strange Corp owned by his live in girl friend. He basically trusted all his assets to her.
@geekfreak618
@geekfreak618 4 жыл бұрын
Are creditors required to send notice that they have renewed a judgment? Is this normally listed in court records where you would see any other case filings? I may have missed seeing those when going through court records here.
@stannovacki2406
@stannovacki2406 2 жыл бұрын
yup, "uncollectible entitles." after I secured a judgement against a construction firm, I didn't have the $30k to "pierce the corporate veil" to prove the principals in the company failed to behave as a corporation. that didn't stop them from declaring their company bankrupt and then five of them declaring personal bankruptcy as well. in America, you're entitled to all the justice you can afford.
@richardbailey4187
@richardbailey4187 7 ай бұрын
What are the best steps to collect a default judgment against a used car dealer in Texas? What items are exempt from a creditor?
@raiderzilla3882
@raiderzilla3882 5 жыл бұрын
Heads up to all. Think before you get into this situation. But if ones thinks he or she is smarter go for it. But as for me I'm trying not to owe anyone nothing.
@carlanderson5068
@carlanderson5068 5 жыл бұрын
If you have a writ, and they say they want to set up a payment plan, how do you ensure you don't have to go back to court if they fail to pay? Like maybe they pay for a while, and then stop? Can you just go back to executing the writ, or do you need a new judgement?
@andyburk4825
@andyburk4825 5 жыл бұрын
I'd like to know too - had someone make small payments on a $1000 judgement, then stopped. I never agreed to payments in the first place.
@RandomAmerican3000
@RandomAmerican3000 2 жыл бұрын
But if a parsley farmer has a judgment, can you garnish his wages?
@jeffcourtney8101
@jeffcourtney8101 5 жыл бұрын
Hi Steve, what about when say a state attorney general sues on behalf of several plantiffs and the state wins and judgement against defendant is determined (both monetary and loss of ability to do business in that state) how do they/we collect. Short version, lawyer was supposed to be negotiating real estate loan modification but apparently didnt do as stated.?
@Amyjo_lovesmusic
@Amyjo_lovesmusic 5 жыл бұрын
Thank you for the great information!
@Imdawrench
@Imdawrench 5 жыл бұрын
One rule to remember Don't sue someone who doesn't have any money. Not only they don't want to pay they can't
@jehuda100
@jehuda100 5 жыл бұрын
1. What is the interest rate that you can collect? 2. What is a way for a doctor to collect a Judgment against an insurance company after a Worker Compensation Court ruled that they need to pay. They insurance ignores the WCB Decision for several years. This case is in NY. 3. Do you get to add all the costs involved in collection: Legal fees, ... ?
@robert5
@robert5 2 жыл бұрын
There are attorneys that specialize in that kind of thing. Go talk to one.
@mjp5429
@mjp5429 5 жыл бұрын
Question for Steve:. If a Writ of Execution was filed. If the person had room mate(s). How would you ( or the court) prove what actually belongs to the person with the judgement, and what belongs to their roommates.
@carlanderson5068
@carlanderson5068 5 жыл бұрын
That's a great question!
@robert5
@robert5 2 жыл бұрын
Under those circumstances if you are a room mate you should keep your receipts for stuff you bought. Digital copies such as print or scan or photo to PDF should be good enough. Email those to your phone and copy to your phones memory to be sure you have access if needed.
@mrslcom
@mrslcom 5 жыл бұрын
At what amount would you think it would not be cost effective to collect on a judgment? Can the costs of collection be added to the judgment amount?
@jeffschwartz4t.o.council-j132
@jeffschwartz4t.o.council-j132 5 ай бұрын
Let's say you get a judgment for $10,000. It probably cost you $25,000 or more in attorneys fees to get the judgment in the first place, another $25,000 in expert witness fees. So you are out of pocket $50,000 so far. Then you try to collect, that costs another $15,000 in attorneys fees. And maybe after 10 years you've finally "recovered" the $10,000. So, after all the expenses, you have a net loss of $55,000. You would have been better off not filing any lawsuit at all. Also, it is possible you won't even get the $10,000 judgment at all if the debtor files bankruptcy and gets the judgment lien removed, or the banks and other priority creditors take all the money before you. It seems like suing a party who is not a "deep pocket" is a fool's errand.
@abdullahal-shimri3091
@abdullahal-shimri3091 3 ай бұрын
Someone sued me for writing an online review for $16100. I only have $4000 in my bank. All my money is hidden in an overseas LLC 😁
@barretnorcross4696
@barretnorcross4696 2 жыл бұрын
How come if you the citizen, owe the court money you get a warrant put out for you,, If you don't pay, But if a citizen gets a judgement against them in your favor,, YO ASS IS ON YO OWN NIGGA.. you gots to collect yo own money..
@BossLady537
@BossLady537 2 жыл бұрын
Tell me about it this bs.. someone owe me money n refuse to pay
@jontaylor5701
@jontaylor5701 2 жыл бұрын
I have been trying to collect on lady for 5 years, how can I hire you for your services. She didn't show up to to the debtors examination?
@richardjefferson2445
@richardjefferson2445 4 жыл бұрын
Hi, Steve. I am in Florida. I found the home of the person who owes me money and got my execution form stamped but the sheriff won’t accept it. He says I need a lawyer. Says there are a lot of steps before he can actually seize property and he tell me the steps / says I will be confused.
@damianweiss9870
@damianweiss9870 3 жыл бұрын
What if you have a judgement collection costs, like hiring a “Judgement Collection Specialist Lawyer”? Are you able to add these costs to the judgement collection ? Seems like collection costs could run into thousands of thousands of additional costs.
@millay4813
@millay4813 5 жыл бұрын
Hey Steve, I heard you mention something about garnishing a tax return and I was wondering if you could make a video on that. I heard a story about a guy in Florida that owed quite a bit of money to some credit card companies and instead of paying them off he put his entire paycheck into taxes. The story goes, every time they tried to file papers to garnish wages they had to pay some amount of money, and after a year or two of this guy living on a well budgeted tax return check, the credit company stopped trying to garnish his wages. Can you let me know if this story is possible or not?
@ddkz9
@ddkz9 5 жыл бұрын
First Steve. Great segment.
@CRBUCK77
@CRBUCK77 5 жыл бұрын
Does this also work for restitution monies? I’m in Wa State. Was a victim of assault / robbery (stole my $650 phone) happened in 2014 the defendant was 14 at the time. Thanks
@Hands2HealNow
@Hands2HealNow 4 жыл бұрын
Always enjoy your expertise and humor. Will you begin talking about Wikileaks, Julian Assange? Can you talk to people who are more involved with such issues?
@xs10z
@xs10z 5 жыл бұрын
There's some states where wages can't be garnished. Pennsylvania, North Carolina, South Carolina, and Texas, they can't garnish wages except for certain things... taxes, student loans, child support, and court ordered fines or restitution.
@Clapxiomatic
@Clapxiomatic 5 жыл бұрын
You know, living in NC, I looked into that. Turns out, you cant be garnished if the order is from a court in NC. BUT, if its from another states court, you can be garnished.
@davej.1762
@davej.1762 2 жыл бұрын
Steve I need your help like majorly. I have every bit of evidence I need just nobody to help me put it together and go through the motions
@davej.1762
@davej.1762 2 жыл бұрын
I'm willing to pay $60 to 80% of anything recovered
@dicklongmire6836
@dicklongmire6836 4 жыл бұрын
Steve, I'm in Illinois and got a judgement against the last tenant who held over 3 months past the expiration of the lease and caused significant damage. The judgement was near $10,000. In 3 months she has paid me $50.00. She gets a 2,200 per month pension from her diceased husband and makes 800 per month at her part time job. Can I ask the court to garnish wages?
@johntracy72
@johntracy72 4 жыл бұрын
Can't garnish wages in Texas unless it's child support, student loans or unpaid income taxes.
@angelawoodley78
@angelawoodley78 8 ай бұрын
Won the garnishment, now can I get the attorney fees etc garnished as well?
@brucegambill6303
@brucegambill6303 5 ай бұрын
I am owed over $169,000.00 in restitution between 5 different people. When the restitution was ordered, the prosecuting attorney was marching around in the courtroom stating how this restitution was guaranteed to be collected due to every missed payment would result in a 6 week stay in jail ; A year after that they changed the restitution laws to where they no longer enforced restation to be paid . I called the Prosecuting attorney office and told them that not a penny had been attempted to be paid, so how about their guarantee? He tells me there isn't a single judge in the County that would enforce that court order to be paid. I ask how do you make these statements in court and then refuse to honor them? Isn't that fraud or at least breech of implied intent? NO and hung up the phone. They issue court orders but refuse to honor them themselves
@jpoppinga8417
@jpoppinga8417 2 жыл бұрын
I knew I guy that got together with some buddies. Form a corporation then "rented" everything he owned from said corporation. Got sued lost, but they walked away with nothing because on paper he had no assets.
@rhymereason3449
@rhymereason3449 4 жыл бұрын
You sure have an evil little laugh whenever you mention seizing property.... you're the kind of attorney I'd want on my side :-)
@jeffgreiss142
@jeffgreiss142 2 жыл бұрын
First of all, thanks for this informative video! I won a judgment filed in a NY State court against two non-paying tenants. Will this judgment go on their credit reports, so for example, if they try to get a loan or find a new rental, the judgment will appear? Also, do I need to have their SS numbers to go after them and get the money they owe? Without SS numbers attached to their names how can the judgment get into their credit reports?
@Techcram
@Techcram 5 ай бұрын
What if they claim exemption as head of household?
@djray1031
@djray1031 3 жыл бұрын
I have had to do the same against a private landlord, he failed to carry out major roofing work, so I issued a court summons he soon got the work done. the job is mid-way to getting done. and I am not a lawyer or solicitor.
@charlesclements4350
@charlesclements4350 4 жыл бұрын
The thing that I do not understand is that if a person is not going to pay who he owes then what assurance does the defending lawyer have that his client is going to pay him?
@GlenLaConey
@GlenLaConey 5 ай бұрын
The pitfalls to Debtor Exams is they warn the Debtor to take evasive actions to hide assets and otherwise thwart the creditor's efforts.
@steveroxannegonzales1030
@steveroxannegonzales1030 Жыл бұрын
Does this include a LABOR BOARD JUDGEMENT?
@samyb2834
@samyb2834 4 жыл бұрын
Hey Steve, a question for you. Let's say I sue my landlord for $500 and I win in small claims. With a judgment against him, I try to collect. Can I add the collection fees to the judgment? Do you need to go to the court again to do so?
@johntracy72
@johntracy72 4 жыл бұрын
Best way if you ask me is to deduct that from the next rent payment.
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