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xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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I recently won a case in small claims court. The judge awarded

Customer Question

I recently won a case in small claims court. The judge awarded me $270 in damages. My attorney suggested that I send a copy of the judgment to the defendant’s attorney and request payment. However, I need more specifics. What should the letter indicate? How should they pay me? How much time should I give them? The judgment indicates that they have until June 1, 2013 to pay. How should I express the consequences (legal action) if they do not pay? Should I offer the defendant anything in return for payment?
Just an FYI, I suspect they will not pay in spite of the judgment.
Submitted: 1 year ago.
Category: Legal
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com It will be my pleasure to assist you today.

Is your attorney no longer representing you?

What type of case was it?

Is the judgment against a person? a company? etc.

Thanks
Customer: replied 1 year ago.
My attorney was never representing me, just giving me advice behind the scenes such as you. It was for return of a security deposit. I was the tenant and the landlord returned the security deposit less itemized deductions. I sued the landlord (defendant) and the small claims court found in favor of the landlord. However, I filled a motion to open judgment and for articulation. The magistrate found in my favor and amended her judgment. The attorney fees awarded to the landlord were in access of the statutory limit. The court ordered the defendant(landlord) to pay $270 to plaintiff on or before June 1, 2013
Expert:  xavierjd replied 1 year ago.
Hi Al,

I apologize for the delay. I was finishing assisting another customer.

I want to look up a couple of things for you. I will be back with an answer for you asap.

Thanks for your patience.
Customer: replied 1 year ago.
ok
Expert:  xavierjd replied 1 year ago.
Hi Al,

If the Defendant was represented by an attorney in court, you may wish to send a reminder letter. You will want to reference the case ( xxx vs xxx), case number XXXXX judge. You may then remind the attorney that the Judge entered a Judgment against the Defendant in the amount of $270.00 and that the judgment was to be paid in full by June 1, 2013. You may then wish to indicate that if the Defendant does not pay the Judgment as Ordered by the Court, you will take any and all post judgment actions available so as to collect the judgment.

The Connecticut Judicial Branch provides a self-help page to assist persons in how to collect a judgment in Small Claims Court. Below is a link to the page. Pay VERY special attention to #20, and it's answer.

http://www.jud.ct.gov/faq/smallclaims.html


Moreover, if you are unable to find the forms necessary through the above site, below is a link to the Judicial Branch's official Forms page. You will be able to find the forms necessary to collect on the Judgment. They are forms that are allowed to be filled in.

http://www.jud.ct.gov/webforms/#SMALLCLAIMS


I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

Customer: replied 1 year ago.
A few questions. Should I send the letter certified mail with return receipt? Should I enclose a copy of the Judgment from the Court? Also, should I give them a deadline to respond? Finally, if they don’t pay, is there anything I can do to besides taking them back to court? Could I give the judgment to the credit agencies? If so, how do I do this? I would not disclose to the defendant that I was going to do this. I am not sure going to Court and paying these filing fees is the optimal solution for $270.
Expert:  xavierjd replied 1 year ago.
Hi Al,

1. Yes, you should send the letter Certified Mail, Return Receipt Requested. Also, send it by regular mail. That way, if for some reason, the letter is not signed for by the recipient, you will be able to show that it was also sent by regular mail. Make a copy of the envelope and, if possible, the postmark. You may have to go to the post office to do so. If you can prove that you mailed the letter on a certain date, then unless the letter is returned, it will be deemed by the court to have been received.

2. Yes. You should send a copy of the Judgment along with your letter. Make sure that you make a copy of the letter.

3. You do not need to give them a deadline to respond. The judgment is to be paid by June 1st. Once that date passes, you can begin the collection process.

4. It is worth going to court and paying the fees for filing. Why? Because the Defendant will be responsible to pay the fees for you having to file the documents to collect the judgment.

5. In order to send the judgment to the credit reporting agencies, you will have to obtain personal information about the Defendant. So, you will have to request a hearing (often called a debtor or creditor's exam in order to find out the personal information, where the Defendant's bank accounts are located, where s/he works, etc.

Below are other ways that you can use to collect on the debt.

http://research.lawyers.com/Connecticut/CT-Collecting-the-Judgment.html


I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
xavierjd and 2 other Legal Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Al,

Thank you so much for the "good service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name in the subject line.

Thanks again,

xavierjd

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