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  1. #1
    Join Date
    Apr 2011
    Posts
    2

    Default Won Case, Defendant Giving Me the Run Around, Now What

    My question involves court procedures for the state of: Georgia.

    I took my local gym to small claims court and won the case.
    I waited a month and they did not appeal the case. I was given the run around for 3 weeks with the gym telling me they had to get "management approval" to pay me.
    Anyhow long story short they ended up telling me not to contact them and to contact their lawyer in writing.
    I wrote their lawyer a letter (registered mail) and have a feeling they are going to give me a hard time in collecting this money.
    I called the court house and they said since its a business my only other option is to put a lien on the property/gym equipment to get my money back (god knows how long that will be).
    Is there anything else I can do?
    Im so tempted to make flyers regarding this issue and put that on everyones car going into that same gym. Would I get in trouble for that?
    Thank you for any advice you can offer.

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Won Case, Defendant Giving Me the Run Around, Now What

    Quote Quoting LillySs
    View Post
    My question involves court procedures for the state of: Georgia.

    I took my local gym to small claims court and won the case.
    I waited a month and they did not appeal the case. I was given the run around for 3 weeks with the gym telling me they had to get "management approval" to pay me.
    Anyhow long story short they ended up telling me not to contact them and to contact their lawyer in writing.
    I wrote their lawyer a letter (registered mail) and have a feeling they are going to give me a hard time in collecting this money.
    I called the court house and they said since its a business my only other option is to put a lien on the property/gym equipment to get my money back (god knows how long that will be).
    Is there anything else I can do?
    Im so tempted to make flyers regarding this issue and put that on everyones car going into that same gym. Would I get in trouble for that?
    Thank you for any advice you can offer.
    If you have a judgment, and it's a business, then you should be able to collect.

    If it's a small claims case, the first step in the collection process is to do a "debtors exam". Find out from the court what paperwork you need to do it where you are. It may just be issuing an information subpoena for the debtor to complete and return, and if they don't it'll be contempt of court. The object here is to find out where they do their banking.

    If you know where they bank, for instance if they deposited checks you gave them, you can figure it out from the canceled check. In this case, you can proceed to the next step and issue the bank an information subpoena to confirm they bank there, and the exact account number.

    After you find out who their bank, or banks are, got the account number, then you go and object a "writ" to garnish the bank account. You do not need to contact their lawyer to do the debtor exam, or obtain the writ to garnish.

    Local procedures vary, but where I am, a sheriff or marshal would serve the writ on the bank who will in turn freeze the account, and take the funds out of it to pay you. The sheriff or marshall will add their collection fees on top and get paid as well.

    With businesses, it's easier in a way because they all have to have a bank account, to pay wages, and to deposit fees from customers. Individuals on the other hand can get away with having no checking account, if they don't mind going down to the "check cashing" place to cash their paychecks.

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