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How could they refuse after being compelled by a court ruling? Did they appeal / sue you back? Can't see how they could simply say... "no".
by giansegato 4y ago
How could they refuse after being compelled by a court ruling? Did they appeal / sue you back? Can't see how they could simply say... "no".
- carom 4y agoWhen you have a judgement you can send it to collections, but often people just don't pay these things. It's really hard to collect for even small things like evictions.
- dctoedt 4y ago> send it to collections When my now-adult son was in high school, he had a summer job working as a moving man for a friend's dad's company. The company had a contract with the local constable's office. One of my son's and his friend's assignments was to drive a truck around to the offices of a very-big shopping mall and to meet a constable to collect a seven-figure court judgment that hadn't been paid. The constable, my son, and his friend walked into the management office; the constable presented the writ of execution of the judgment, and my son and his friend started unplugging and loading up office equipment and furniture to be hauled off and sold at auction. The manager said "Wait, wait"; a hour later, a cashier's check arrived for the amount of the judgment.
- BellLabradors 4y agoVideo of a similar story: https://youtu.be/3ctLEGrOmf4 https://youtu.be/3ctLEGrOmf4
- no-s 4y ago> The constable, my son, and his friend walked into the management office; the constable presented the writ of execution of the judgment, and my son and his friend started unplugging and loading up office equipment and furniture to be hauled off and sold at auction. yeah, that’s like totally reasonable. I’ve done similar back in the ‘80s, using a similar process seized bank accounts when the former employer ignored an order to pay a judgement over unpaid expenses. Notably they didn’t bother to appear in court in the first place; they never responded to service even though I paid extra to have the Sheriff’s Deputy serve it. Then they ignored my calls and letters for several weeks. I knew all the bank account numbers already, so: back to the judge for an order to seize the accounts. Showed up at the bank an hour later with the deputy in tow and walked out with a bank check for roughly $45k 30 minutes later. Nowadays a bank makes you wait some days for a payout but they will freeze the funds immediately. These days I prefer lawyering up, but in the late ‘70s I called on a supplier to deliver promised equipment that was being delayed because well, I was a teen-ager and even though I had paid they felt like I wasn’t a serious customer. So I paid a local motorcycle club $500 to escort me to the meeting, as well as sit there in the parking lot revving engines and scratching off whilst I met with the vendor. The MC got a hefty tip because: members helped load the product, and the MC president encouraged a 50% refund made out to me personally to ensure I would never have to be a customer again...
- encryptluks2 4y agoYou can also get an order to liquidate and literally start taking assets like real estate, bank accounts, etc.
- verve_rat 4y agoNot to mention, could the officers of the company be held in contempt of court?
- encryptluks2 4y agoIt is possible, but typically the remedy is a writ of garnishment.
- stingraycharles 4y agoThe judge ruled that the payment had to be made immediately; they could sue back, but they would have to pay first. In their words, it was a “BS ruling”, and they simply didn’t pay. I’ll tell you that I didn’t know you could just say “no”, but they did. My lawyers were at the point that they would send a (legally backed) letter to all their customers, that their payments should be redirected to some court. It would have caused a massive hellfire, though. I had the choice of going through with all this, but the outcome would still be uncertain, legal fees would increase, and take a long time regardless. It was a fully bootstrapped business, I was relatively young and in debt, and I decided to renegotiate. In the end I got the money I needed to pay off my debts, legal fees + then some, a huge learning experience, and took a 1 year sabbatical. I just wanted this whole thing to be over.
- pas 4y agowtf. which jurisdiction is this? so strange you can't take the final ruling and go to a collections agency and get your money :o
- Inhibit 4y agoYou can. But the story would imply that all that money is in receivables; it's hard to seize a big pile of debt, I assume even in Europe.
- pas 4y agonot really as far as I know. either the company pays up (in whole or in installments, etc) or the enter into bankruptcy proceedings and the courts appoint someone. if the company is profitable, then as above it'll eventually pay up, if not, then it'll be sold off and the liabilities will be covered up to by the income of the sale.
- v0x 4y agoYou can. In my very very limited experience you can sell it to collections for something like 80% of the value in a case where they have a perfected security interest. They will send a UCC letter to payors, who are legally obligated (from what my attorney tells me) to pay the creditor, absent some proof that they don't need to.
- pmorici 4y agoIf a party is intent on being a bad actor it is extremely difficult to enforce judgments where the sum is too small to warrant extraordinary effort.