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Legal Advice--Collecting on Judgement?

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Old 08-06-2007, 10:08 PM
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Default Legal Advice--Collecting on Judgement?

Hey Group,

I was curious...I have a legal judgement in WI from 2002 where I got screwed from someone on OSO. I know where the guy is and actually saw him a few weeks ago in Missouri. I know he is working and I spoke with him asking him when I was going to see some $$ (knowing of course that his answer was going to be "never"). He said he was working on bankruptcy and that I'd get a letter in the mail and that he couldn't talk to me about any of it. He's always been a sh*tbag and plenty of other OSO members were screwed by this guy. I do believe that the State of Missouri has been involved with wage garnishment but I was wondering if I have any recourse and how to proceed? I had long forgot about this worthless waste of my time but after seeing him it made me think more about it...any ideas?

Thanks for the help!
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Old 08-07-2007, 06:46 AM
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Unless he has assets I wouldn't bother. Been there. All they do is file bankruptcy, you end up spending more money on a bankruptcy attorney to protect your judgement than you end up collecting.

Unless there are punitive damages the judgement will be discharged. Even if there are punitive damages you may have to go to trial in bankruptcy court to substantiate the punitive damages.

Bankruptcy laws have changed somewhat since I had a judgement against someone who filed bankruptcy but I imagine it's still basically the same.

Then you have the trustee. He hires himself as the attorney and his goal is to try and get al the money that he collects through attorney fees. It's a very frustrating system, if you are the creditor.

Good luck.
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Old 08-07-2007, 01:56 PM
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B.d.?
 
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Old 08-07-2007, 05:04 PM
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Quote:
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B.d.?

yep
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Old 08-07-2007, 05:20 PM
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Yes...B.D. are his initials. He was down at LOTO wrenching on a canopied MTI. It's been a long time since I've heard anything...I know that there are a few getting a little $ back and not sure if that's any of you guys. I was never involved with the MO state investigation and wish that I would have monitored a little closer. Oh well...I'm sure what comes around goes around.....I was shocked to see him let alone talk to him. If you care to hear details feel free to pm me. Was funny as I saw him twice...once on the water and the 2nd time at Hy-Vee gas station at LOTO...bet he was starting to wonder WTF I was doing. Hell, he'll prolly read this thread as it seems he's still around in the industry.

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Old 08-07-2007, 05:38 PM
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If he's filed for bankcruptcy then creditors get 30 days to file a claim. So file a claim.............. probobly will not get anything. Make his life a living hell, you can't bother him......... but you do have a right to free speech.
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Old 08-08-2007, 09:34 AM
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If the judgement was in 2002 is there an expiration time to collect or does it just sit out there until it is satisfied? Someone has to know a little more of the legalities don't they? How to switch/claim from Wisconsin to Missouri where he is living?
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Old 08-08-2007, 09:53 AM
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The "life" of a judgment is determined by the law of the State where the judgment was obtained. In Maryland, for example, the judgment is good for 10 years and after that, you may file to extend it if it has not been satisfied.

Since your judgment was entered more than 90 days ago, you would fall into the pool of secured creditors, a notch up from others that are owed money but do not have a judgment or have a debt secured by a lien of some kind. Being a secured creditor in a bankruptcy proceeding will increase your chances of getting your money back at least in part. If he is wrenching as a side job, you will not be able to garnish wages. He'll probably be paid in cash. If that is the case, however, you can make him and his clients pretty uncomfortable by alerting the IRS and/or local taxing authorities.
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Old 08-08-2007, 10:02 AM
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phknlwyr,

thanks for the response...I was wondering if I'd be lucky enough to have you see this post!

How about Wisconsin versus Missouri and how to "transfer" the judgement to Missouri?

Who should I contact? I just contacted the Consumer protection division for the MO Attorney Generals office and they said they could give me information about complaints but could not help with anything else.
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Old 08-08-2007, 10:38 AM
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I can not imagine that sum bad it still floating around the same area!!!!
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