Won a lawsuit against body shop but need help...

[jerry S]

H was doing business as a sole proprietor. He was not incorporated. I checked with the state.

then any of his personal assets should be subject to levy. There may be statutory exceptions in VA for things used to make a living like tools and such. Unless there is a financing statement on file with the secretary of state giving priorty to somebody else, if he owns it, it should be fair game and subject to seizure. You can also get a garnishment but if he is self employed, it is difficult to enforce. If he were to set up another business, you could get a judicial lien against any accounts receivable. I would imagine that if the Sheriff were show up to take such personal items as necessary to satisfy the judgment, eg, his TV, furniture, bank account, etc, he would suddenly produce a check. Tell him to cash it and come back with dollar bills.

if the family bank account is in his wife's name but he puts money in it, then it becomes co-mingled funds and you might be able to levey against her account. A forensic accountant can prove this. This is extreme case scenario but an outside possibility.

 

[66moneypit]

Just sell the judgement to a collection agecy at 50%-60% of its value.

You will recover some, and you will sleep well at night knowing that his life is about to get turned into a living nightmare.

I didn't realize you could "sell" your judgement. That's an option...
have to look into that one.

 

[jerry S]

I didn't realize you could "sell" your judgement. That's an option...

You can sell it like commercial paper but you will be lucky to sell it for .10 on the dollar. for the same money, you can sell it to the mob. You get some money and the guy gets beaten to death and then crushed in the trunk of a chevy nova in some New Jersey car compactor, never to be heard from again.

 

[66moneypit]

then any of his personal assets should be subject to levy. There may be statutory exceptions in VA for things used to make a living like tools and such. Unless there is a financing statement on file with the secretary of state giving priorty to somebody else, if he owns it, it should be fair game and subject to seizure. You can also get a garnishment but if he is self employed, it is difficult to enforce. If he were to set up another business, you could get a judicial lien against any accounts receivable. I would imagine that if the Sheriff were show up to take such personal items as necessary to satisfy the judgment, eg, his TV, furniture, bank account, etc, he would suddenly produce a check. Tell him to cash it and come back with dollar bills.

if the family bank account is in his wife's name but he puts money in it, then it becomes co-mingled funds and you might be able to levey against her account. A forensic accountant can prove this. This is extreme case scenario but an outside possibility.

Jerry...I appreciate the advice.... I am determined to collect. To hell with the "accepting it". I wouldn't be able to do that and look at myself. But I see how some people get away with screwing people over. Between the laws and people "accepting" it.

 

[351LX]

I didn't realize you could "sell" your judgement. That's an option...

I knew a guy who owned a collection agency and he would buy debts all the time.He used to buy the rights to collect on NSF checks and buy business debts from companies that were going out of business.The amount you might get will probably be based on the odds that the agency will see some money.

 

[66moneypit]

I knew a guy who owned a collection agency and he would buy debts all the time.He used to buy the rights to collect on NSF checks and buy business debts from companies that were going out of business.The amount you might get will probably be based on the odds that the agency will see some money.

I was thinking the same thing. I will look into it.... and when I find out something I will create another post.

 

[2nd Mustang]

Many years ago, okay, decades ago, I won a small claims court judgement on an engine shop. The shop owner met me in the court house hallway and gave me a check for $50, I think it was and wanted to make monthly payments. I said no but would keep the check. The Marshall's office in the court house said that if I knew where he banked at, they could collect the whole amount for me for a cost of $15 and they would recover that cost for me too. I handed them the check and they went straight to his business, confiscated whatever cash he had in the drawer then went straight to his bank to get the balance.

 

[one2gamble]

then it becomes co-mingled funds and you might be able to levey against her account.

I was under the impression that once your married all funds/property are considered co-mingled anyway.

 

[66moneypit]

I was under the impression that once your married all funds/property are considered co-mingled anyway.

I have to check with a lawyer on this.... if he gives me the green light then I can get this information one way or another.

I can get proof they are married so that's not an obstacle.
Virginia is NOT a community property state so that is an obstacle.

 

[jerry S]

I was under the impression that once your married all funds/property are considered co-mingled anyway.

It can depend on your State. Take Illinois for an example. Any property you had before you got married and never co-mingled is not marital property. If you co-mingle it after marriage, it becomes MP. There are some statutory exemptions for things like an inheritance that you get while married. If you keep it separate, it is not MP. If you co-mingle it, it becomes MP and subject to equitable division in situations like a divorce, eg.

 

[65 fastback]

Hey Moneypit,

Where are you located? I remember a couple of years ago someone on this board had a similar problem with a "Mustang Specialty" shop between Ashland and Richmond. I don't know if the archives go back that far any more, but if I can find it, I will post a link.

Tim

 

[one2gamble]

It can depend on your State. Take Illinois for an example. Any property you had before you got married and never co-mingled is not marital property. If you co-mingle it after marriage, it becomes MP. There are some statutory exemptions for things like an inheritance that you get while married. If you keep it separate, it is not MP. If you co-mingle it, it becomes MP and subject to equitable division in situations like a divorce, eg.

could be because I live in Cali, it doesnt matter what even when I purchased something it would become half hers

 

[66moneypit]

could be because I live in Cali, it doesnt matter what even when I purchased something it would become half hers

one2gamble... in your case you are right, CA is a community property state.

What I need to do is talk to a civil lawyer....plain and simple. I will let everyone know. For now I just need to have some idea what that damn welder and compressor might go for !!!! LOL

 

[darkness falls]

I know some people that, well, could x this guy out. Give hime perminate vacation.

just an option.

 

[hauoli63]

I know some people that, well, could x this guy out. Give hime perminate vacation.

just an option.

Somehow I don't think that will help him collect his money!

 

[66moneypit]

Somehow I don't think that will help him collect his money!

Hold up....it might help me....if we try and reason with him before you did it...LOL. I have a call into a lawyer and I will let the board know what he says...just for education purposes if nothing else.

 

[jerry S]

Hold up....it might help me....if we try and reason with him before you did it...LOL. I have a call into a lawyer and I will let the board know what he says...just for education purposes if nothing else.

see if you cannot get the court to order him to produce his last three tax returns. Maybe he has investments somewhere that can be levied against.

 

[hauoli63]

Well, good luck ... if you are able to collect anything, I'd sure like to know how you did it .... as we have an uncollected judgement sitting out there, too!!

 

[66moneypit]

Well, good luck ... if you are able to collect anything, I'd sure like to know how you did it .... as we have an uncollected judgement sitting out there, too!!

I see you are in Northern Va just like I am. I talked to the lawyer and there are several ways to approach them....as long as I have the time and energy to do it. The first thing I can do is issue a summons for the debtor to come to court to answer questions about his finances and assets. If he fails to appear and doesn't show cause why he can't appear then they will arrest him. That's the first step the guy said. Get that and get into his financial records. I will bring up the tax returns...definitely. He has money...it's just a matter of figuring out where. I will bring up the tools and welder etc as assets.

 

[hauoli63]

I see you are in Northern Va just like I am. I talked to the lawyer and there are several ways to approach them....as long as I have the time and energy to do it. The first thing I can do is issue a summons for the debtor to come to court to answer questions about his finances and assets. If he fails to appear and doesn't show cause why he can't appear then they will arrest him. That's the first step the guy said. Get that and get into his financial records. I will bring up the tax returns...definitely. He has money...it's just a matter of figuring out where. I will bring up the tools and welder etc as assets.

Keep us posted ... I'd like to see how this plays out! Are you going to use this lawyer, or are you going to do it on your own?