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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33722
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I won a judgment from a contractor and I 't know how I can

Customer Question

I won a judgment from a contractor and I don't know how I can get the money. I'm sure this contractor knows the in and out of hiding and protecting money or assets he has.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If you have a judgment, then it would be a good idea to make sure that you record the judgment in the local land records office as it would then become an automatic lien on any real estate that the debtor might own in that county.

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Then you can file for a court Order for Discovery. To obtain this, you submit a motion and proposed order to the court. Attached to the order is what you want the debtor to bring with him/her to the deposition.

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The location where the debtor or third party is to be deposed (questioned) needs to be in the county where the debtor or third party either lives or works. If you use a court reporter, anything the person says at the deposition is on the record. The Order for Discovery must be served upon the person at least 10 days before the deposition date.

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If the debtor does not show up to the deposition, you may motion the court for an Order to Enforce Litigant's Rights. If the debtor or third party does not comply with the order, you may apply for an Arrest Warrant.

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This allows you to ask questions about the debtor's assets, wages (if any), bank accounts, and any personal property that they might have that you can have the sheriff seize and sell to pay towards the debt.

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But you are right....contractors are notorious for keeping nothing in their names so as to be essentially "judgment proof", but the Order for Discovery is the best way to find out if they have anything that you can pursue for payment.

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thanks

Barrister

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