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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Need to know how i can get my money after a judge ruling in

Customer Question

Need to know how i can get my money after a judge ruling in my favor for falsely selling a trailer home that he could not sell without first letting me know about the qualifications on the contract to live on the premises you first had to let management know if the person was going to qualify to live there. Took him to court and won know he wont pay because he is on social security and can not obligate to pay me. Is there any way i can get him to me even in installments? He owes me 4 thousand dollars. Please can you help that was my only savings i had.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using my forum. My name is ***** ***** I hope to assist you today.

There are a couple of ways to require a judgment debtor to pay:

1) Wage garnishment (this probably is not going to work with your particular debtor if they are on social security)

2) Bank levy (if you know where their bank accounts are located you can get the court to issue you a "writ of levy" and have a process server or the county sheriff go and empty the bank account, the debtor can try to stop the levy of all of the funds by claiming that some are exempt social security assets, but you may get some - I find that this is usually a good way to get assets that someone is hiding).

3) you can place a lien against any personal or real property they may own (this is a long term strategy, and you may not get paid until the property is actually sold or refinanced, but it is a secure way to get paid, so it is important to place those liens - record your judgment with the County Recorder's Office, just make sure to file a notice with them showing the judgment is paid afterwards otherwise you run into problems long after you thought the case was resolved).

4) you can require the debtor to come into court for a "debtor's exam" every 6 months, this is where you force them to come to court and testify about their assets, income, and liabilities (the judge will swear them in then send the two of you out into the hallway where you can question them under oath about all of these things - this is a good way to identify where any bank accounts may be located).