Is it true that if someone owes you money & if you take them to court...?
I heard that if someone owes you money & if you take them to small claims court, if you win the case & judge grants you what you sued for that doesn't neccessary mean you'll actually get paid by the person you sued? In other words if they don't have the money of if they just refuse to pay you not even the court can make them to?
- PeteLv 41 decade agoFavorite Answer
"Winning your case in court" really doesn't mean anything more than that "the law" agrees with you that some deadbeat owes you a certain amount of money. The next step is to get an "execution" (either wage or property), and have it served by a sheriff or marshal on your debtor's employer (wage), or on his bank (property). If he isn't working and has no property, he is "judgment proof", an you probably won't collect. The court clerk's office should be able to help you with the paperwork, but you'll have to do the detective work yourself. Hope this helps.Source(s): Retired lawyer.
- sweet_blueLv 71 decade ago
I think the judge should hear both sides of the story or matter
if the person isn't able to pay in full usually the judge will order the person who owes to pay in installments. For example if
someone owes $240.00 that might be broken down in 6 payments of 40.00 dollars. If the person refuses to pay the judge can order the accused to pay by garnishing wages if the person is working.
- kolocLv 44 years ago
basically convey in spite of evidence you may the court and verify out to get a judgement against him interior the quantity you have lost. as far as collections according to hazard call him a pair of times yet do no longer call many times as then he can sue you for harassment. If he refuses to pay then report a declare to garnish his wages which will basically set up a cost plan to grant you your money out of his paycheques and his employer would be legally absolute to try this so there's no longer something he can do approximately it.
- 1 decade ago
yes this happened to my boyfriend and he has yet to get paid. You have to pay to have it enforced and the courts and sheriffs do not go out of their way to get them to pay. The whole court system is a joke, the nice guy does come in last.
- How do you think about the answers? You can sign in to vote the answer.
- 1 decade ago
YOu can keep taking the person back to court, but you can't "make" them pay. And people don't go to jail over
debts in this country. But you can make their life miserable if you want to work that hard.
- LegandivoriLv 71 decade ago
Ir is possible that if they refuse to pay,m for whatever the reason, you can go to the Marshall and requrest he or she have their car repossessed, bandk accounts frozen until you r judgement plus new exp[enses are satisfied, possiblty leiens on their income tax returns, welfare benefits, etc.
- Anonymous1 decade ago
That is true, if they don't have the money, there is no way to get it,
Next if they just don't pay, you will have to go back, get a garnishment of thier pay check, or find thier bank accounts and attach them.
They do not find the money for you, you have to find it
- corkLv 71 decade ago
You may win a civil claim.
Collections is another matter...
Who is going to make them pay?
Not the court.