You are here:
Collections Law/advice
Advertisement
Question
QUESTION: I want to take a drunk driver who I was involved in a car accident with, to civil court. I would like your advice on how to do that? And also I took my renter to small claims court, in 7/2008. She has not paid any balance due. Would I have to take her back to small claims court again? Thanks for any advice.
ANSWER: first of all, what state do you live in? You would have to file for garnishment in your local court to start getting money out of your renter. I can teach you how to take the drunk driver to civil court and how to get your money out of the renter.
---------- FOLLOW-UP ----------
QUESTION: Iam sorry, I live in Ohio. Filing for garnishment in my local couet, is that small claims court? My renter owed 700.00, but I dropprd it down to 400.00. Now if I go back in to court I want the full 700.00 and for her to pay court costs. Is that possible? And as far as the drunk driver who hit me, he had no insurance. And Iam still injured even after surgery. Iam just lost and confused. Thank You
The problem you have with the renter is that you are going to have to file for a garnishment proceeding. That's going to cost more money. On the other hand you aren't asking for enough money because you have the right to collect post judgment interest at whatever the allowable rate is for Ohio. So now you have a year of interest at maybe 10% or thereabouts. You also have a right to collect for any and all court costs plus attorney fees. So now the judgment is probably worth at least $1,000, maybe more. Then add costs of garnishment hearing and an assets hearing if you have to do that too. Do you know what your renter does for a living and where the renter works? That would be very helpful and reduce costs somewhat. You will probably have to do that yourself rather than hiring an attorney to do it for you. That's not really a problem. Once you have the garnishment order in place you will be in a position to sell the judgment to a professional judgment recovery company such as Toxic Assets Recovery, Inc. I can help you with all of that. Just give me a call and we can work out the details.
)
Related Articles
Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
©2012 About.com, a part of The New York Times Company. All rights reserved.