small claims court case in north carolina (Simpson: credit report, attorney)

[babban27511]

Hello

I filed a case against someone & I won the case in small claims court like 8 months ago & I only got half of my money back. I have had court send a "Motion to Claim Exempt Property" form to other party but still I did not receive the money owed to me. I also had the Clerk issue an execution order for the sheriff to execute against the defendants but still I did not get my money back.

Are there any other ways to get the $ back legally in state of North Carolina if other party is not willing to pay even after losing the case?

What can I do to get this judgement on their credit so down the line it would show up when they but something that requires credit check??

I would greatly appreciate any advice.

Thanks,
Vip

[NCInMyMind]

Most defendants pay at the courthouse. Can't recall the name of the office. The Clerk of the Court could tell you. It sounds as if you made arrangements to be paid "outside" of court. As the plaintiff, it is your obligation to inform the court that you have been paid.

You have not been paid, so the defendant's credit report will indeed state that there is a judgement against him. Each month, the credit agencies do a "sweep" of public records, so his credit report will reflect this judgement.

I don't know however how to go about collecting the rest of what you are owed.

[babban27511]

Hi

I did go to a small claims court & won the case in the small claims court. I went through all the processes of small claims court as described above. I know in some states, u can attach it to people's tax form, etc.

It seems like a law in NC protects the people who never return other people's money even if case is filed against them & they have lost the case.

Any response or idea would be helpful.

vip

[VegasGrace]

Originally Posted by babban27511

Hello

I filed a case against someone & I won the case in small claims court like 8 months ago & I only got half of my money back. I have had court send a "Motion to Claim Exempt Property" form to other party but still I did not receive the money owed to me. I also had the Clerk issue an execution order for the sheriff to execute against the defendants but still I did not get my money back.

Are there any other ways to get the $ back legally in state of North Carolina if other party is not willing to pay even after losing the case?

What can I do to get this judgement on their credit so down the line it would show up when they but something that requires credit check??

I would greatly appreciate any advice.

Thanks,
Vip

Be grateful you got half of it back and move on! Unless the other party has real property...I'd let it go. If they have real property I'd get a lien. Other than that you're gonna waste so much time, energy, and money...not to mention the heartache and end up with nothing...or be out more in the end.

And as far as credit reports go- don't count on it! You need to hire a collection agency - they will put it on their reports.
There are countless debtors that LOST in court and nothing shows on their reports.


I received a 37k judgement years back in the great state of North Carolina..still not received a penny! The person 'owns' nothing. Kinda like OJ Simpson. But in that case the attorney, highly paid, went after the mom's piano because they proved it was OJ's- remember?
Just saying- you have to prove ownership of property and have a good attorey.

[rockinmomma]

I think the form you're looking to file is a "motion to show cause".

http://www.nccourts.org/County/Union...oshowcause.pdf

This form is for Union county, but I don't think that matters.

[babban27511]

Thank u for ur idea. Proving what item the defendent has of her own is very difficult. I had called a small claims court & they stated that I couldn't claim anything; it's like they didnt want to help to even guide me in a right direction. But ur response about a collection agency is very helpful. I am going to look into that.