I took an ex to small claims court and won a judgment in 2000. I took the order to the sheriff to excute and the only info i had at the time was a bodily injury claim he filed for an auto accident. A lien was placed on the potential settlement but I don't think he met the threshold in NY to recover anything. How do I find out if anything every happened with this. Would he still have a judgment against him for this? I have no information about him or his whereabouts at this point. Will I ever get my $3000 plus court costs?
Criminal Defense Attorney
Frankly that's the problem with small claims court. On matters that don't justify hiring an attorney everyone says go to small claims, and you may do that and win. The problem as you now know is that you still have to collect the judgment. This is where you need a lawyer or a collection agency if the defendant won't pay voluntarily. Either one would take half your settlement to collect it but they'd pay you $1500 up front. Better than nothing, huh?
PS: A lot of people, the vast majority, pay their small claims judgments voluntarily, which is why it's a good solution. You just had bad luck with your defendant.