How to Get a Judgment on Someone
Justice isn't always certain. But in many instances, it is well within reach. Obtaining a judgment on an uninsured driver who has damaged your vehicle or recovering lost rent from a former tenant or roommate is possible without hiring big-time attorneys. Small-claims court, in most cases, is one viable outlet in which ordinary citizens can settle reasonable monetary disputes.
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Instructions
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Make earnest attempts to negotiate outside court. If the dispute involves money, try facilitating a written payment agreement.
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Choose the appropriate venue. Most cases will be handled in small-claims courts, depending on the judgment amount. Use the Internet or your county government website to locate the small-claims court in your area and file your initial complaint. Your initial complaint will include the facts surrounding your case, damages you seek to recoup and any other pertinent information. You'll pay a nominal filing and process serving fee to notify each defendant of the impending lawsuit.
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Prove your case. The burden of proof rests solely on the plaintiff's shoulders. Hearsay and undocumented agreements/estimates are not evidence. Bring all necessary paperwork and relevant information supporting your claim---photos, written payment agreements, damage estimates, witnesses or statements, police reports or medical bills. Don't give the judge a reason to dismiss your case for lack of evidence.
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Collect your judgment. Executing a writ of garnishment is one viable option. Utilizing a writ of garnishment, the court will deduct your judgment from the defendant's paycheck, bank account or other available assets. But be prepared to conduct significant investigations. Courts will collect your judgment, but they will not help you locate defendants' assets. You must provide employment or banking information. There are companies who can locate such information through skip traces. Research to find legitimate and reputable sources.
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Be vigilant. Collecting your judgment may involve lengthy pursuits, but don't give up. Consider hiring a private debt collector or file a property lien. Check state statutes for lien restrictions.
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Tips & Warnings
Know your limits. States impose monetary limits on the amount that plaintiffs, or countersuing defendants, may collect in small-claims court. Alabama, Louisiana, Missouri, New Jersey and Ohio limit judgment amounts to $3,000. Pennsylvania, New Mexico and Alaska allow $10,000. Judgments beyond those limits will likely be settled in district court.
Be punctual. The judge will call out the names of all involved parties. If no one emerges, or one party fails to appear, the case will likely be dismissed.
Make sure each defendant is served. Defendants must be given proper notice of the impending lawsuit. Provide the correct address(es) and follow up with your county clerk to ensure proper notification was rendered.
Dress professionally.
