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  1. #1

    Default Procedure After Judgement Has Been Awarded

    My question involves a consumer law issue in the State of: PA

    I had a contractor who mishandled payments and did not finish a job. I paid another contractor ~$6K to finish. After months of trying to come to an agreement on an amount the contractor would repay, I filed a civil complaint. I was awarded $7K+ through my local magistrate (contractor did not show). Contractor did not pay within the 30 days following the judgement. What are my options for getting this money now? A woman who works at the magistrates office said I could file a lien or proceed with a sherrif's sale. More Q's:

    Lien: How do I find out what real estate he owns? Better to split the lien up amongst multiple properties? (I believe he has a home and rentals) What if his wife's name is also on a deed? Should I retain a lawyer?

    Sherrif's sale: How do I find out what property he owns? What is the proper process to do this? Do I need a lawyer to do this also?

    Bonded and Insured: Can I retrieve money via one of these? How?

    I'm unsure of how to proceed from here.

  2. #2
    Join Date
    Mar 2009
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    Default Re: Procedure After Judgement Has Been Awarded

    You need an attorney that specializes in civil judgment collections.

    Either you or an attorney needs to issue a subpeona to this person, order him to a deposition with all of his financial records and the records of any business that he owns or controls.

    Then you find out what he owns, what his bank accounts are, his SS number, locations of property, any exempt property, and so on.

    After that it would be best to pay an attorney to execute against these assets up to the amount of the judgment, plus any interest awarded by the court. You'd go after the most liquid assets first, such as bank accounts.

  3. #3
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    Default Re: Procedure After Judgement Has Been Awarded

    You can schedule a debtor's exam, at which you can examine the debtor under oath about his assets and their location. You can inquire with the civil division of your local Sheriff's department about the procedures for a Sheriff's sale - note, however, that it can be expensive to conduct a Sheriff's sale so you will want to be sure that the assets sold will at least cover that cost. If his bond or insurance might cover your judgment you can make claims with the relevant insurance companies. I doubt his insurance would cover the debt but, assuming he's bonded, his bond might.

    If you hire a lawyer or collection firm, I suggest trying to find one who will work on a contingency - that is, where the fee would be a percentage of the money recovered.

  4. #4

    Default Re: Procedure After Judgement Has Been Awarded

    I appreciate your response, it helps me tremendously (and I can spell 'sheriff' correctly). With the proper terminology, I was able to determine that after the debtor's exam I can retrieve money via garnishment, lien or execution. Now if I could just determine how to find an honest contractor that does a quality job... Thank you!

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