 Judgements (by LadyLL [MA]) May 13, 2012 1:34 PM
 Judgements (by Virden [OH]) May 13, 2012 1:52 PM
Judgements (by Moshe [CA]) May 13, 2012 2:07 PM
Judgements (by Ann [VA]) May 13, 2012 2:23 PM
Judgements (by Ann [VA]) May 13, 2012 2:23 PM
Judgements (by LadyLL [MA]) May 13, 2012 3:09 PM
Judgements (by Dan [MA]) May 13, 2012 4:44 PM
Judgements (by LadyLL [MA]) May 13, 2012 4:54 PM
Judgements (by Reid [KS]) May 13, 2012 5:48 PM
Judgements (by Kyle [IN]) May 13, 2012 11:17 PM
Judgements (by Ann [VA]) May 14, 2012 4:33 AM
Judgements (by Virden [OH]) May 14, 2012 5:23 AM
Judgements (by Ann [VA]) May 14, 2012 7:47 AM
Judgements (by Steve C. [CA]) May 14, 2012 9:30 AM
Judgements (by Moshe [CA]) May 14, 2012 10:05 AM
Judgements (by Steve [MA]) May 14, 2012 10:24 AM
Judgements (by LadyLL [MA]) May 14, 2012 10:47 AM
Judgements (by Steve [MA]) May 14, 2012 11:40 AM
Judgements (by LadyLL [MA]) May 14, 2012 2:03 PM
Judgements (by Ann [VA]) May 15, 2012 4:23 PM
Judgements (by Ann [VA]) May 15, 2012 4:23 PM
Judgements (by LadyLL [MA]) Posted on: May 13, 2012 1:34 PM
Message:
State Specific Question About: MASSACHUSETTS (MA)
I am wondering - is a judgement to pay an amount from Housing Court sufficient to proceed w/the collection process, or do I need to bring that judgement to Civil Court before I can proceed? I have educational information on order for this process, but I was curious while I am waiting for it. --76.119.xxx.xxx |
Judgements (by Virden [OH]) Posted on: May 13, 2012 1:52 PM
Message:
Here we have 2 court actions for unlawful detainer, 1st hearing is to recover the unit, 2nd one is for damages awarded by court - if you have the tenant sign the promissory note that recently became popular then you can try collecting then send copy of the note by mail to credit central, if old tenant makes a fuss and you end up in court bring the note they defaulted on and then you have the court judgment the same way except now we get 5 percent interest also. Going to court for the note is about 1/4 the cost of the eviction here and there is nothing to contest - the tenant already agreed to pay this amount - no discussion. --76.241.xxx.xx |
Judgements (by Moshe [CA]) Posted on: May 13, 2012 2:07 PM
Message:
Without knowing anything about MA, in general the process is that a judgment is an order from the court to the non-prevailing party ordering him to pay.
The next step is to get an order from the court to a levying officer, ordering him to go and collect the debt. Such an order is generally called a writ (of execution).
Here in CA, you can simply take the judgment to the clerk of the court, and she will issue a writ with the judge's signature.
--96.247.xx.xxx |
Judgements (by Ann [VA]) Posted on: May 13, 2012 2:23 PM
Message:
What about Promissory Notes and Judgements? --72.169.xxx.xxx |
Judgements (by Ann [VA]) Posted on: May 13, 2012 2:23 PM
Message:
What about Promissory Notes and Judgements? --72.169.xxx.xxx |
Judgements (by LadyLL [MA]) Posted on: May 13, 2012 3:09 PM
Message:
Thank you Moshe, so it sounds pretty much the same as the eviction process. I thank you from the other states, but I know our laws differ greatly, and CA is the closest in procedure to MA. --76.119.xxx.xxx |
Judgements (by Dan [MA]) Posted on: May 13, 2012 4:44 PM
Message:
You've got a judgment. Feel free to start collections. You can send it off to an attorney or a collection agency or you can motion the court that they are in contempt of the order to pay and have them served for a new court date. Unless they have good jobs or property you can put liens against, odds of collecting are rare. I've collected a lot over the years, but I have many times more that was never collected. --76.19.xx.xx |
Judgements (by LadyLL [MA]) Posted on: May 13, 2012 4:54 PM
Message:
Dan, I was reading another post where the LL was able to put a civil warrent out for non-payment. Can we do that here? I would think the threat of a warrant might inspire pyt. --76.119.xxx.xxx |
Judgements (by Reid [KS]) Posted on: May 13, 2012 5:48 PM
Message:
Once you have the judgment collect it . --108.238.xxx.xx |
Judgements (by Kyle [IN]) Posted on: May 13, 2012 11:17 PM
Message:
You can't have a warrant issued for failure to pay. You can file to have them come to court for you to ask questions about their income and assets and if they fail to appear for that hearing the judge can issue a warrant for that. --71.194.xxx.xxx |
Judgements (by Ann [VA]) Posted on: May 14, 2012 4:33 AM
Message:
Virden, Where do I get a copy of that popular promissory note you referred to? Thanks --72.169.xxx.xx |
Judgements (by Virden [OH]) Posted on: May 14, 2012 5:23 AM
Message:
Ann and others this is a Saint Loooey thing for now, searching back there was a lot on this last fall, several discussion of court mention this. --68.76.xxx.xxx |
Judgements (by Ann [VA]) Posted on: May 14, 2012 7:47 AM
Message:
I'm sorry Virden, I don't understand what you said. --72.169.xxx.xxx |
Judgements (by Steve C. [CA]) Posted on: May 14, 2012 9:30 AM
Message:
Only went to court once. Tenasnts wanted $1700. for rent and relocation dut to flooding issue. It was frivolous and the judge decided in their favor for only $200. I was pleased to pay them and thought I won until I ran my credit and realized I am now saddled with a public record judgement against me that I get to live with for 7 years in CA. Have gotten other judgements and forgot about it. Can't get blood from a rock! --50.131.xxx.xx |
Judgements (by Moshe [CA]) Posted on: May 14, 2012 10:05 AM
Message:
Steve C,
Did your ex-tenant file a satisfaction of judgment? If so, that should cancel any derogatory on your credit record. There is nothing wrong with someone suing and getting a judgment. The "sin" is not paying it.
If your ex-tenant received payment of the judgment but did not file a satisfaction, then you should get them to do that. Their failure is against the law, and you can drag them into court over it.
--96.247.xx.xxx |
Judgements (by Steve [MA]) Posted on: May 14, 2012 10:24 AM
Message:
LadyLL, I presume this is the tenant you recently evicted. When you were in court did you set up any sort of payment plan or did you just get possession & a monetary judgement? Next time this happens try to get the housing specialist to add something to your agreement regarding a payment schedule.
Other than allowing you to haul the tenants back into court to answer your question regarding why they haven't paid, the courts can't & won't help you actually collect any money. They are not even suppose to give you any suggestions on how to attempt collection.
Do they have a decent job or any real assets? Before you waste too much time and any more $'s on this you need to take a long hard look at how likely they will be able to actually pay you anything.
If it does not look like they can pay anything now, I would just sit on the judgement & let it accumulate the 12% interest that MA courts allow. Then a year or 2 from now I would run a new credit check on them to help me determine if they were in a better financial position. If they were in a better financial position I would either have them summons into court or if I was willing to spend a few more $'s I might have the sheriff's department bring them in with a capais (sp) for an update.
Like Dan, I have rarely been able to collect enough on these types of judgements to make it worthwhile.
I did have someone brought in on a capais (sp) once. As I recall it cost me about $200.00 which got added to his debt& never repaid. However it was worth it to see this deadbeat (who happened to be a lawyer) brought into court in his PJs, over coat & slippers wearing handcuffs. It turns out the sheriff didn't care for him & picked him up about 5:30 AM & won't let him change his clothes. I eventually sent him a 1099 for the balance of the debt. --72.85.xxx.xxx |
Judgements (by LadyLL [MA]) Posted on: May 14, 2012 10:47 AM
Message:
Steve, I just got possession and a monetary judgement. The monetary judgement granted is short by about $3K when you add eviction costs, trashing the place, and the agreement we made for me to reduce her rent, that she broke. This deadbeat has more money than what she admits to, and if I could find the right pressure point, I might be able to recover some of the loss. I want to file a motion to amend the judgement and drag her back into court. First I have to find her exact address, and outside of staking out the general area I heard she moved to, I don't know how to do this. --76.119.xxx.xxx |
Judgements (by Steve [MA]) Posted on: May 14, 2012 11:40 AM
Message:
LadyLL try asking some of the neighbors especially the kids if they know where she is now living. Wait a few more weeks then see if she finally filed a change of address with the PO. Do you know where she works or where her kids go to school?
Hopefully you won't make the mistake I did with my 1st couple of judgements & waste more time, energy & $'s chasing a dead end. --72.85.xxx.xxx |
Judgements (by LadyLL [MA]) Posted on: May 14, 2012 2:03 PM
Message:
I will definately not put too much time/money into it, but I have to at least try, and if nothing else, hopefully learn something from it.
I have a ton of info. on her, she left behind all kinds of ppwk. I promise to put more energy into educating myself on the business, than chasing this judgement. I am very, very, patient. --76.119.xxx.xxx |
Judgements (by Ann [VA]) Posted on: May 15, 2012 4:23 PM
Message:
Please share the results with us, later --72.169.xxx.xx |
Judgements (by Ann [VA]) Posted on: May 15, 2012 4:23 PM
Message:
Please share the results with us, later --72.169.xxx.xx |
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