Posted by investorrob WA on February 11, 2002 at 11:46:32:
Jim
In my state you would win. By default I belive. Most likly the same in your state. You can find out this info where you are filing.
I think by now you know you have so many heavy ways to collect through a judgment. Much more powerful than given to colletion of back payments with out the judgment.
Question 2. about adding the fees for filing the judgment. --In my state and most you can deduct those fees. Also interest can be added at a very nice rate. Starting after you have won.
Where to record the judgement? I would start by a call to your county court system info line.
On the www.MrLandLord website in the book area is a book on judgments. As I recall was under $30.00 and will give you the info. to your questions.
Thanks to David Krulac for letting me know how to put a lien on a house from a small claims judgement, but that leads to other questions:
I know the small claims process here in Massachusetts, and there are about five steps to follow if the person you’re filing against just snubs his nose and never shows in court. Each step has an increasingly higher fee. Eventually it gets to the point where there is a warrant out for the person’s arrest. My questions are:
If the person doesn’t show to the initial call to court, is that an automatic judgement in my favor, meaning I can then record the judgement against him?
Can I add whatever fees I have to pay in filing to the amount he owes me?
How/where do I “record the judgement”? At the county courthouse? His city’s City Hall?
Any help on this matter is greatly appreciated, as this is a real life scenario, not hypothetical. Thanks in advance.
Re: lien from small claims judgment - Posted by Ben (NJ)
Posted by Ben (NJ) on February 11, 2002 at 12:07:57:
The local courts often print a brochure providing all the details of how to proceed. The post below is correct though. If he doesn’t show up (and most don’t)you would get a judgment by default.Your judgment would need to be recorded at the county of venue where the PROPERTY is located. That way a title search performed on the property would turn up your judgment.
You could also take your judgment to a collection attorney and let them handle that aspect. They would take 1/3 of what they collect though. Good luck.