Re:I won a suit against a party that sent me an unsolicited ...
by dweekly on Thursday July 28, 2022 @12:48PM
(#32266888)
OP here. I'm definitely not a lawyer, so apologies for incorrect statements made in the thread. I'd love to learn more about correct framing / case history / rights here to avoid sharing misinformation. If you'd rather provide the feedback privately / off-the-record, my email is david at weekly dot org. Thank you!
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Re:I won a suit against a party that sent me an unsolicited ...
by 300bps on Thursday July 28, 2022 @12:56PM
(#32267010)
The only thing that I noticed was not 100% correct is:
5. [..] courts will seize from them what you are owed
The process to get a court to do this is extremely difficult. It often starts with Debtor Examination followed by filing a bunch of documents to start the seizing process. If the person really doesn’t want to pay the judgement though, good luck. For example, during the Debtor Examination they have to answer truthfully under oath where their bank accounts and other property are. And then as soon as the meeting is over they can move to a different bank.
Getting a judgement is the easy part. Collecting it is the hard part.
https://www.nolo.com/legal-encyclopedia/what-is-debtor-exami...
Re:I won a suit against a party that sent me an unsolicited ...
by dweekly on Thursday July 28, 2022 @01:10PM
(#32267251)
Ah! Yes, my statement was incorrect. I had observed wage garnishment on the other side of the fence as an employer and had assumed courts would do this processing after a default judgement. This turned out to be a wrong assumption.
Re:I won a suit against a party that sent me an unsolicited ...
by 300bps on Thursday July 28, 2022 @01:37PM
(#32267699)
No problem. Wage garnishment is interesting by the way - some states don’t allow it for judgements like this.
It really makes it almost impossible to collect judgements in those states for a determined debtor.