Post-Judgment Accord

[Cobbscout]

What is the name of your state? Georgia

I won a judgment in Georgia's Cobb County Magistrate Court for the sum of $3000.

The judgment debtor says he doesn't have the money. I have not found any bank accounts or wages to garnish, nor have I found any assets to lien or levy.

The debtor says he will paint my house inside and out, 2 coats, using XXX brand paint, etc. instead of paying me the cash amount of the judgment. All the details will be spelled out and I will buy the supplies needed instead of giving him money to purchase them. If he does everything as agreed upon it would be a good deal for me (this same type of paint job cost me $5000 in the past).

My question is: If I enter into this paint job agreement with the debtor and he fails to complete the agreement where does the original judgment stand? Is it discharged when we enter the new agreement? Would I then have to file a new claim against him for failure to complete the paint job agreement?

Thank you for your input.

 

[JETX]

My question is: If I enter into this paint job agreement with the debtor and he fails to complete the agreement where does the original judgment stand? Is it discharged when we enter the new agreement?

As long as you do NOT link the judgment to the paint job in any way, it won't affect the judgment at all.

Simply, draw up a contract for the paint to be done for the exact same value as the judgment (including court costs, accrued interest, etc.). Then, when the paint job is done, offset the cost with the judgment. Pretty simple really.

Would I then have to file a new claim against him for failure to complete the paint job agreement?

Yes, by having a completely separate contract for the paint, if he breaches it, you have a new cause of action (though since he seems to have nothing, your new cause will likely also be hard to enforce).