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KLAW, Attorney
Category: Business Law
Satisfied Customers: 2837
Experience:  I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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If I got a judgement against a company in conciliation court

Customer Question

if I got a judgement against a company in conciliation court how do I go about enforcing that?
They damaged my personal property and are a business.
Submitted: 8 months ago.
Category: Business Law
Expert:  KLAW replied 8 months ago.
Good afternoon. I am a legal expert attorney who will assist you today
Expert:  KLAW replied 8 months ago.
After you have obtained a judgment in Minnesota conciliatory court., or small claims court, you need to take additional steps to enforce the judgment.Under the law you may not try to collect the judgment until 20 days after the notice of judgment is postmarked.
In the collection process, you are the judgment creditor, or collector. The person you are trying to collect from is called the debtor, or judgment debtor.If they refuse to pay, and you know what assets they have, real property, bank accounts, etc. you must do the following:
1) Have the conciliation court judgment transcribed to the district court. Your district court administrator can help you with this;2) File an Affidavit of Identification form with the court administrator. This creates a lien against real estate the debtor owns in the county. If he or she wants to sell any of that property, you might have to be paid first. It also affects the debtor's credit rating.
3) If you intend to serve the party with a writ of execution, you must first notify the party. (A writ of execution is an order that enforces the decision of the conciliation court.) Notification must take place at least 10 days before the execution may be served. The sheriff will not accept the first writ of execution without proof that you complied with the 10 day notice;4) Request the court administrator to issue a writ of executionIf you know where the party banks or works, deliver the writ of execution to the sheriff's office with a specific list of property or bank accounts that belong to the company-debtor or the name of the debtor's employer.(Some assets are exempt from collection.) With sufficient information and the writ of execution, the sheriff can "levy" the debtor's property or bank accounts.The hard part is If you are unable to determine what assets the debtor owns, you can request the court administrator to issue an order for disclosure. This order requires the debtor to reveal all non-exempt property and financial information to you within 10 days. You must go into the.court to request this.Once an order for disclosure Is issued by the court, and If the debtor fails to respond, you must then ask the court to issue an order to show cause. This requires the judgment debtor to appear in court and explain why the order for disclosure was disobeyed.The judgment is good got 10 years.
I hope this clarifies. Please don’t forget to rate the question. We as attorneys are not employees of Just Answer and are not paid unless you rate the question with stars.
Expert:  KLAW replied 8 months ago.
If you have any additional questions please just ask