After sending a demand payment letter and the defending will not pay how do you proceed in collecting what is owed to you?

Asked almost 2 years ago - Riverton, UT

Judgement was awarded to me after a poorly botched paint job on my house, I have been to small claims court twice, sent him a judgement collection letter and still no contact or payment from the painter.

Attorney answers (4)

  1. Peter Walter Weston

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . The judgment needs to be enforced, using legal process.
    Once the judgment is final, it must be abstracted, put in a form that describes its essential elements, and then it is put on record, such as in the abstract records in the county clerk's office, and the clerk can assist you with the details, and fees.
    Then the judgment, now an abstract, can be served on the defendant painter by a constable, or other law enforcement official, to start the collection process, or you can seek garnishment or attachment of non-exempt assets, such a bank account, if you know of them.

    You may benefit from conferring with a collection attorney, to assist you with these procedures.

    General legal advice is offered for educational purposes only. A consultation with a qualified attorney is... more
  2. Jeffrey Reid Butler

    Pro

    Contributor Level 11

    Answered . After you obtain a judgment, you will need to collect on that judgment. You
    can do that through the small-claims court where you received your judgment.
    You can meet with an attorney and they can guide you on how to collect on
    the judgment.

  3. Kevin V.K. Crick

    Pro

    Contributor Level 9

    Answered . I agree with my colleague, the next step is to contact a debt collection lawyer to help you collect on the debt. Some only request a portion of the recovery for their payment, so nothing really comes out of your pocket.

    Please do not take my answer to be legal advice that would establish any attorney-client relationship. Please... more
  4. Stephen M Trezza

    Pro

    Contributor Level 17

    Answered . Apply for a writ of attachment.

    This answer does not create an attorney client relationship between you and I. I am not your attorney unless we... more

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