Won Judgment, Can't Collect

[kevinreece]

What is the name of your state? South Carolina

I won a judgment in small claims court about 3 years ago from my previous contract employer (I was awarded $4000 for work that was never paid). I pursued the judgment all the way up to Master In Equity, at which point, I was told I needed a lawyer to submit something in writing to pursue the matter further. I didn't want to throw good money after bad, so I gave up.
Was there something more I could do or does this seem like the best decision? Thank you for any help you can provide.

 

[Ladynred]

I take it that by going thru the Master In Equity you were going for a lien on some property ?? You don't have to have a lawyer to place a lien, but you DO have to file the papers correctly and in the right format.

Did you try a bank levy ?

 

[JETX]

Was there something more I could do or does this seem like the best decision?

What EXACTLY have you tried to do so far??

For example, have you done an execution on the debtor??
From a South Carolina court site:
Transcripts of Judgment are filed with the Clerk of Court; executions against property are performed by the County Sheriff. Simply bring in your transcript of judgment and file it with the clerk, along with an execution form that must be filled out by you or your attorney. The clerk will sign and seal the execution. Because cases from a lower court may be appealed for 30 days following the judgment, you must wait 30 days before you can have the judgment executed. After the 30-day waiting period, take your transcript of judgment and execution against property to the County Sheriff's office.

What type of business was your employer (individual proprietorship, corporation, etc.)??

 

[kevinreece]

I'll try to answer the questions. Yes, I tried going through the sheriff, but they said there was nothing to seize. The business is a Corporation with 2 partners. It's a software development company, and the sheriff said they would only seize houses, cars, or land. Of which they had none. I didn't try the bank levy thing. I'm not sure how to do that.

Any help would be appreciated. It's been several years, though, is it still possible to pursue this on my own?

Thanks!

 

[JETX]

Yes, I tried going through the sheriff, but they said there was nothing to seize. The business is a Corporation with 2 partners.

As a corporation, then there are plenty of things to seize (as NOTHING is exempt). Get the sheriff and tell him to start doing his job.
The first things I grab when enforcing a judgment against a business are:
1) I grab their network server and all backups!! This pretty much shuts a business down... and certainly gets their attention, then
2) Grab their accounts receivable files. Once you know who owes them money, you can start garnishing the funds and getting them directed to you until the judgment is paid.

Your sheriff is NOT doing his job. Believe it or not, if he doesn't do his job, the SHERIFF can become liable for the judgment. This is from the South Carolina Code of Laws:
"SECTION 23-15-40. Service of process, orders and notices; penalties for default.
The sheriff or his regular deputy, on the delivery thereof to him, shall serve, execute and return every process, rule, order or notice issued by any court of record in this State or by other competent authority. If the sheriff shall make default herein he shall be subject to rule and attachment as for a contempt and he shall also be liable to the party injured in a civil suit."

Here is the Code regarding executions against a debtors property:
"SECTION 15-39-80. Contents of executions.
The execution must be directed to the sheriff or to the coroner when the sheriff is a party or interested, must be attested by the clerk, subscribed by the party issuing it or his attorney and must intelligibly refer to the judgment, stating the court, the county in which the judgment roll or transcript is filed, the names of the parties, the amount of the judgment if it be for money, the amount actually due thereon and the time of docketing in the county to which the execution is issued. It shall require the officer, substantially, as follows:

(1) If it be against the property of the judgment debtor, to satisfy the judgment out of the personal property of such debtor and, if sufficient personal property cannot be found, out of the real property belonging to him;

(2) If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants of real property or trustees, to satisfy the judgment out of such property;

(3) If it be against the person of the judgment debtor, to arrest such debtor and commit him to the jail of the county until he shall pay the judgment or be discharged according to law; or

(4) If it be for the delivery of the possession of real or personal property, to deliver the possession of such property, particularly describing it, to the party entitled thereto, and in such case it may, at the same time, require the officer to satisfy any costs, damages or rents or profits recovered by the judgment out of the personal property of the party against whom it was rendered and the value of the property for which the judgment was recovered, to be specified therein, or, if a delivery thereof cannot be had and if sufficient personal property cannot be found, then out of the real property belonging to him and it shall, in that respect, be deemed an execution against property."

Also of interest:
"SECTION 15-39-140. Failure or neglect to make return.
For failure or neglect to make any of the returns mentioned in Section 15-39-130 or for any false return the sheriff or other officer as therein stated shall be subject to rule, attachment, action, penalty and all other consequences provided by law for neglect of duty by executive or judicial officers. "
Source: http://www.scstatehouse.net/code/t15c039.htm

 

[kevinreece]

I still have all of my paperwork. It says that the Sheriff's department ruled Nulla Bona, which they said means that there is nothing they can seize. Can I bring this up again and see if they'll execute it now? How many years do I have to be able to claim the money from them?

 

[JETX]

Can I bring this up again and see if they'll execute it now?

No. The writ has been served and returned, so that one is no longer valid. However, here is what I would do:
Contact the sheriffs department, supervisor of Civil Division and explain the circumstances. You have a valid judgment against a corporation and had a writ served on them. The deputy was in error in his 'interpretation' of exempt property and returned it Nulla. Ask what the Departments understanding is as to exempt property for a corporation (there aren't any). If the Supervisor agrees, then advise that you will get another writ and ask the court to deliver it to him/her for a 'proper' service.

How many years do I have to be able to claim the money from them?

A judgment in South Carolina is good for 10 years.

 

[kevinreece]

Jet - that's exactly what I'll do. I'll call this afternoon and let you know what they say.

Thank you!!!

 

[hbreen]

Judgment

South Carolina
Kevin,
I may be able to help you - you can contact me via e-mail through the site.

 

[kevinreece]

South Carolina
Kevin,
I may be able to help you - you can contact me via e-mail through the site.

How can you help? I've tried to send you an email, but received this message through the site:

Sorry! That user has specified that they do not wish to receive emails. If you still wish to send an email to this user, please contact the administrator and they may be able to help.

Send me an email at: kevinreece@yahoo.com

Thanks!

 

[Ladynred]

10 to 1 the 'help' he's offering is a SCAM !!!!

 

[hbreen]

Help in SC

One, I am a WOMAN!
Two, shame on your for judging me before you even know me!

Kevin, I will send you an e-mail off board. I'm not sure why it said I didn't want to receive e-mails, but I know how boards can be sometimes.

 

[Ladynred]

OH.. and how am I supposed to know you're female ??? I'm not a psychic ya know.

Secondly, we have enough trolls who come here touting their schemes on how to avoid/void out debts and they are all garbage and SCAMS. Your 'claim' sounds sooooo typical of that ilk.

The board won't let anyone email you because the settings in your profile are set that way BY DEFAULT. If you did not turn on that capability when you signed on here, then no one can email you thru the board !

 

[JETX]

Ladynred is correct. Most of these "I can help" you trolls are simply trying to sell their scam "Prepaid Legal Services". These are very often MLM (Multi Level Marketing) scams of people simply trying to make their 'quota' of victims..... and trying to recover the funds that THEY lost when they joined.

So, 'hbreen' with that, Ladynred's questions to you are still unanswered....
How EXACTLY do you propose to help this writer??
What SERVICES do you offer to help??

 

[minerzlegal]

Court Records

Make Sure That Your Statute Of Limitations Has Not Run Out. You Can Go To Fairdebtcollection.com And Check Your State For Your Sol. Go To The Records Division At Your Court House And File A Lien On Property. Make Sure To Ask Them How Long You Have Before You Have To Renew It. This Will Make Sure You Have Something In Place. Then Review Your Avenue For Collection Or Garnishment And Your Next Step. Maybe You Will Get Lucky And They Will Sell Some Real Estate Or Apply For A Loan That Will Get You Paid In The Process.