Q: I won small claims against car wash.
Car wash damaged my truck and I awarded $1,800 at small claims court 6 months ago, however the shop has never pays. what is the best to collect money? Keeper or till tab only? I doubt they have cash more than$500 in the registry box. The shop doesn't own the property, but 20 yrs long term rent. what is the easiest and best collection method? Will appreciate your kind answers in advance.
A:
Congratulations on winning your small claims case! Unfortunately, collecting a judgment can sometimes be difficult. Here are some options to consider:
Writ of Execution: This is a court order that allows a sheriff or marshal to seize assets owned by the car wash in order to satisfy the judgment. This can include seizing cash, equipment, or other assets. However, it's important to note that the car wash may not have any assets that can be seized, or they may be able to hide or transfer assets to avoid seizure.
Wage Garnishment: If the car wash has employees, you may be able to obtain a court order to garnish their wages until the judgment is satisfied. However, this may not be an option if the car wash is a small business with few employees.
Lien on Property: If the car wash does not own the property, you may be able to place a lien on the property. This could make it difficult for the property owner to sell or refinance the property until the judgment is satisfied.
Debt Collection Agency: You could also consider hiring a debt collection agency to pursue the judgment on your behalf. However, this may result in a portion of the judgment being paid to the agency as a fee.
It's important to note that the best collection method will depend on the specific circumstances of your case. You may want to consult with an attorney or a debt collection agency to explore your options and determine the best course of action.
Leon Bayer agrees with this answer
A:
you should set up an appt with a LOCAL attorney who handles collections.
there are writs; garnishments and collection agencies.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
