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Dave Kennett
Dave Kennett, Attorney
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We received a default judgment in the amount of $300,000 against

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We received a default judgment in the amount of $300,000 against a person who contracted to buy our New Jersey condo. Contract was signed in May 2008. He committed bank fraud to fool us into thinking he actually had the money. We were forced to sell during the financial crisis.

He threw away 4 subpoenas. He has no tangible assets, but does have a job in New York, but lives in New Jersey. We now live in Pennsylvania

Is there any way to collect some of his wages or make him pay in some way?

We feel he received the judgment, and we received the punishment. The law has not protected us.
Submitted: 2 years ago.
Category: Business Law
Expert:  Dave Kennett replied 2 years ago.
Dear JACUSTOMER - It's always easier to get a judgment than it is to collect it. All you can do is have your judgment certified in the location where he lives or works and then proceed to garnishment. With this much money involved it will be a lot easier to get either a collection agency or a collection attorney to represent you on a contingency basis for a percentage of what is collected. Something is always better than nothing in these situations and trying to go through the complicated court process involved on your own can be a nightmare and you still may end up with nothing. Unless the judgment is certified in the court where he lives or works it really is useless since it cannot be enforced in any appreciable way.
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27687
Experience: 25 years practicing law
Dave Kennett and 6 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.

How do I find out if the judgment is certified?


How do I find a collection agency or a collection attorney?


Which one is better?


Ironically the "criminal" works for a collection agency- he repossesses cars and therefore knows all the ways to avoid payment.


 


Thanks!


Gerri

Expert:  Dave Kennett replied 2 years ago.

What I mean by "certify" is to get a certified copy of the judgment from the court where it is filed and take it to the court in the county where the debtor resides and/or is employed. Once it is filed in that county then it can be used to perform collection activities. You can contact the Bar Association for a collection attorney in the area. A collection attorney is generally better than a collection agency.

Here are the websites for the Bar Associations:

http://www.nysba.org/AM/Template.cfm?Section=Need_To_Hire_A_Lawyer_

http://www.njsba.com/for-the-public/lawyer-referral-service.html

Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27687
Experience: 25 years practicing law
Dave Kennett and 6 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.
,Is there a "statute of limitations" to any actions we might take in this matter?In that "the criminal" committed bank fraud by emailing a bank statement that was not factual, should he be arrested for this? He never actually had the money he said he had. He thought he was going to get it from some big deal. How could he be brought up on charges?
Expert:  Dave Kennett replied 2 years ago.
You have no control over the criminal side of the case. All you can do is contact the local prosecuting attorney and see if they will accept criminal charges. You cannot force the prosecutor or police to file criminal charges so if they refuse to accept the charges your only recourse is to try to collect your judgment. Criminal charges will not get you any money so it may be a waste of time but you certainly can contact the police or the prosecutor and ask. Generally they have so much crime they pass something like this off as a civil matter and simply will do nothing. You cannot force anyone to file the criminal case.
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27687
Experience: 25 years practicing law
Dave Kennett and 6 other Business Law Specialists are ready to help you

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