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How do I take back personal property from a persons house as well as recieve my default judgement of $3000 plus court costs?

Mobile, AL |

I sold a motorcycle to this guy with the agreement (through contract) that he would pay payments through me until it was paid off. When he paid it off he would receive the title and the contract would be void. It was also part of the contract that if he broke the contract it would be a $200 cancellation fee and he was to supposed to give property back. Well, it has been almost two years now and I still haven't received any money. i went to small claims court and filed. He finally was served after much paperwork and hassle. I went to court in July in Mobile, AL (the "defendant" in this case is from Gadsden, AL, 5 hours north of Mobile, AL) and he did not show up so the judge, after reviewing the evidence ruled in my favor as a default judgment.How do I get property and get money?

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Attorney answers 2



If its truly a Small Claims court (vs. District Court) then your judgment is for money ONLY. If you had filed in District Court, then you could have sought an order for return of the motorcycle (Detinue Action) as well as damages. In any event, the next step is to file a Writ of Seizure and request that it be served by the Etowah Co (Gadsden) Sheriff upon all property of Defendant in the county. A better alternative would be for you to hire a Gadsden collection attorney such as Bradley Cornett (he's listed here on Avvo) and pay him a percentage of what he recovers for you. Using an attorney is much less hassle than doing it yourself.

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