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Jack R.
Jack R., Attorney
Category: Business Law
Satisfied Customers: 6147
Experience:  Significant Company/HR Experience
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I recently went to mediation with a person who owes me money.

Customer Question

I recently went to mediation with a person who owes me money. The fact that we have to have mediation says that the relationship has already soured. That said, it has been 2 months and I have not gotten a payment nor a response as to why no payments have been made. My question: How do I go about suing this person and having the courts withdraw money from their paycheck monthly and also, how much money above the amount owed can I ask for?
Submitted: 7 years ago.
Category: Business Law
Expert:  Jack R. replied 7 years ago.

You will need to file a claim either in small claims or the local court . A hearing will be held and you will receive a money judgment. After you get a judgment you can begin the process of garnishment of wages, bank accounts, and levying against personal property.

 

You can only ask for what is due. In some cases you can ask for interest from the time of the obligation e.g. 6%, and you may be able to get court costs. Tniese must be requested at the hearing to get your money.

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

Customer: replied 7 years ago.
The amount owed is more that what I can ask for in small claims court.
Expert:  Jack R. replied 7 years ago.

If the claim is for less than $30,000 you can file in the district court. You will nned to file a complaint for money damages. The complaint will nbeed to be served on the other party.

 

If the other party answers a hearing wil be held, and y judgement will be rendered. If the other party does not respond, you need to file a motion for default judgment.

 

In either case you will get a judgment and be able to start the collection process.

 

If you found this answer informational please press the ACCEPT button so I can get credit for my work.

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

Customer: replied 7 years ago.
The complaint will need to be served on the other party. What does this mean exactly? Does this mean that we both have to file against each other or that I need to serve the defendant with papers letting the party know of my intent to sue?
Expert:  Jack R. replied 7 years ago.

In some courts the clerk will handle serving the other party. Tis means delivering a copy of your complaint to the other party along with a court date (summons). In some courts, it is the responsibility o the complainant to have a process server deliver the complaint and summons. Ask the clerk when you file the complaint. Make sure you bring extra copies of the complaint.

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.