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Business Debt/concerning business being sued

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Expert: - 9/28/2008


Question
Dear Michelle, my wife sued a auto garage that did some work,they intern did damage to get more money out of us.We took our car to a business that specializes in finding defects or damagr that other auto businesses do.we took the auto garage to court and a judgement was ordered in our favor yet the gentleman thet owned the businnesstransferred or sold the business to his brother or relative as they have the same name does the new owner have to pay all assets of debts on the business.I have tried to find the answer on google and law sites pertaing to pennsylvania yet cant find ////polease help this gentleman did my wife wrong by not paying this judgement.

Answer
You will have to find out if when the business was sold, did the debts get sold with the business. If they did, the new owners would be responsible.  If they did not sell the debt (accounts receivables included) with the business, then the original owner would be responsible.
If you have a court judgment that is not being paid, go back to the courthouse that issued the judgment and tell them it has not been paid and you would like to file for periodic payments.
They will give you a form to fill out and you will wait for a court date. When you go back to court tell the judge you have not received any payments on the judgment and want to get paid. The judge will order the debtor to make payments to you, this will be in the form of a court order.
If you do not receive the payments as ordered, go back to the courthouse and let them know you want the debtor to be held in contempt of court for violating a court order. They will issue a warrant for the debtor's arrest. He or she will then have to pay in order to avoid going to jail.
I hope this helps!

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Michelle Dunn

Expertise

As one of the Top 5 Women in Collections, one of the Top 50 Collection Professionals, and winner of the Business Excellence award, I can answer any questions about debt, debt collection, improving business credit, creating a credit policy, enforcing a credit policy and collecting on past due accounts. I can also answer questions in regards to starting a debt collection agency since I have been a bill collector for over 24 years, started and ran my own collection agency for 8 years, and maintain my 12 year old Credit & Collections Association for members of the credit & debt collection industry. I am also the author of the popular and award winning book "Starting a Collection Agency, how to make money collecting money" now on it's 3rd edition. This book has won a the Writers Digest self published award as well as the New York Book Festival Award. I am a repeat contributor to the Wall Street Journal, and have been featured on NPR, CNN, as well as many other national radio and television programs. I have also been featured in national publications such as the Wall Street Journal, Forbes, Smart Money, MSNBC and much more. I have 17 published books to my name and am an accomplished speaker and consultant. I currently write 9 columns for newspapers, magazines and online portals worldwide.

Experience

I have over 24 years experience in debt collection, I started and ran my own collection agency for 8 years and I am the founder & owner of my Credit & Collections Association that I founded in 1998. www.credit-and-collections.com

Organizations
My Credit & Collections Association, I was also a member of the American Collectors Association and Plymouth Chamber of Commerce for 11 years. I am a member of many writing groups as well as my local Women Inspiring Women chapter. I am a member of Know More Media as an expert for their blog on business credit.

Publications
Business NH Magazine, Smart Money Magazine, MSNBC, CNN, Forbes.com, The Wall Street Journal, Home Business Magazine, Entrepreneur Magazine and website, many books, newspapers and television programs as well.

Education/Credentials
I have written 17 books in my collecting money series and one for Entrepreneur Press called the Ultimate Credit and Collections Handbook. My newest book is being published by John Wiley & Sons in May titled, The Guide to Getting Paid, how to weed out bad paying customers, collect on past due balances and avoid bad debt. This book is also being sold to many colleges as a text book.

Awards and Honors
My book Starting a Collection Agency, how to make money collecting money won an award from Writers Digest and the 2007 New York Book Festival in the "How to" category. I have won 2 awards from Dun & Bradstreet and Governor Jean Shaheen. I was nominated as one of the Top 5 Women in Collections twice as well as having been selected as one of Collection Advisor's Top 50 Collection Professionals by my peers.

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