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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34351
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Small Claims Judgment for $12,000. Want to know after 8 yrs.

Customer Question

Small Claims Judgment for $12,000. Want to know after 8 yrs. and unable to recover money, can I sue this individual and how do I go about doing this?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: A few years ago I hired a lawyer and requested an interrogatory be filed. The results was individual did not have assets. He is now drawing disability and is married married living with parents.
JA: OK. The Lawyer will need to help you with this. Is there anything else the Lawyer should be aware of?
Customer: Not that I am aware.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 8 months ago.
Category: Legal
Expert:  Barrister replied 8 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..I may be misunderstanding your question... are you asking if you can sue the person for not paying a judgment when you sued them previously?.Can you tell me what state this is in?.thanksBarrister
Customer: replied 8 months ago.
Yes can I sue on the judgement I received 8 yrs ago and how do I do this?
Customer: replied 8 months ago.
What other options do I have?
Customer: replied 8 months ago.
Virginia
Expert:  Barrister replied 8 months ago.
Ok, you don't need to sue on a judgment because you already have it... The judgment you have is good for 20 years from the time it was issued for enforceability and collection..The problem you will run into here is collecting on it if the person is disabled and living with their parents. Disability payments aren't able to be garnished under federal law and if the person isn't employed and has no assets, there is nothing that you can enforce your judgment against. So they are essentially "judgment proof"..The only way you can enforce your judgment is if the person has assets you can go after because only they are liable for the judgment debt..You could file for debtor's interrogatories where a summons is given to the debtor to come to court to answer questions about their assets and income so you could see if they might have anything that you could then enforce your judgment against...But if they don't have anything, you can't get "blood out of a turnip".....thanksBarrister
Customer: replied 8 months ago.
I did file an interrogatories with a local lawyer and I filed an abstract against the judgement.
Customer: replied 8 months ago.
If this person inherits any property and chooses to sale, he will have to pay me first, but I am in a line with others to get my money.
Expert:  Barrister replied 8 months ago.
Yes, unfortunately when you sue people who don't have any assets, you get a judgment, but it is hard to actually turn that into money in your hand....But your judgment will sit there for 20 years waiting on him to inherit any real estate and then he would have to pay if off before he could sell or refinance....thanksBarrister