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Some of you may remember I was considering filing a small claims suit against a customer who did not pay for something I sold him. I ended up filing, went to court last week, and we reached a settlement with the mediator the court required we visit before trials were held.
The defendant agreed to pay a specified amount by Dec. 1. I have yet to receive any money from him, and (given his track record on these things) I don't expect to. The judge explained that the agreement the defendant signed stipulates that if he misses the Dec. 1 deadline, I automatically get awarded the full amount I sued for, and can then go on the enforce the judgment through bank account freezes, wage garnishment, etc.
As I'm preparing for him not to pay, can anyone chime in with the proper form to file when the date goes by and he doesn't pay? I looked on the NJ Courts web site and couldn't find a specific form that seems to deal with this.
You will need to register the judgement in Trenton. The judgement against him will expire in 20 years, at that point you will have to re-register the judgement.
Some of you may remember I was considering filing a small claims suit against a customer who did not pay for something I sold him. I ended up filing, went to court last week, and we reached a settlement with the mediator the court required we visit before trials were held.
The defendant agreed to pay a specified amount by Dec. 1. I have yet to receive any money from him, and (given his track record on these things) I don't expect to. The judge explained that the agreement the defendant signed stipulates that if he misses the Dec. 1 deadline, I automatically get awarded the full amount I sued for, and can then go on the enforce the judgment through bank account freezes, wage garnishment, etc.
As I'm preparing for him not to pay, can anyone chime in with the proper form to file when the date goes by and he doesn't pay? I looked on the NJ Courts web site and couldn't find a specific form that seems to deal with this.
Thanks!
I just went through this with 3 non paying clients in Camden County. If they didn't honor the agreement and send payments then you have to go back down there and refile to have the judgement collected....they give you choices like having wages attached or property sized, etc....however.....if the person your suing files for bankruptcy then your up the creek as all the assets are forzen and hes protected....DM me if you need specific questions answered.
You will need to register the judgement in Trenton. The judgement against him will expire in 20 years, at that point you will have to re-register the judgement.
Can't do that in Small claims court. You can only docket a judgment from Special Civil Part and Law Division.
Even then you do not NEED to docket a judgment into trenton, the only reason to do this, is to create a statewide lien against real property.
As for the mediation, it is probably what is called a stipulated judgment if he defaults on the stip then you can enforce your judgment. Through writs of execution or a wage execution.
Can't do that in Small claims court. You can only docket a judgment from Special Civil Part and Law Division.
Even then you do not NEED to docket a judgment into trenton, the only reason to do this, is to create a statewide lien against real property.
As for the mediation, it is probably what is called a stipulated judgment if he defaults on the stip then you can enforce your judgment. Through writs of execution or a wage execution.
=) I purchase judgments and then enforce them on my own behalf. Have been since I was 18...im 28 now. Its funny attorneys come to me to have the judgment enforced.
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