After winning a judgement in smll claims court due to no response from the defendant, how do I pursue collection?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
After winning a judgement in smll claims court due to no response from the defendant, how do I pursue collection?
I believe this person has an inheritence of property coming from recently deceased parent and this would be the only way to collect as they own no real property. Can I find out for sure if this person has an inheritance due? I appears the home is being readied for sale. I assume that something has been arranged for inheritances for the adult children and this home will be sold and proceeds split. Do I need an attorney to find out these estate details or is that info somehow protected? Is it possible to pursue this?
Asked on June 21, 2012 under Bankruptcy Law, Massachusetts
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Now that you have a judgment you need to have an abstract of judgment prepared, sealed by the court clerk and then recorded with the county recorder's office where the judgment debtor resides to perfect the judgment.
After that, if there is a probate where the judgment debtor is a beneficiary of the Will, then you serve and file a notice of lien on that probate proceeding so as to give the court and the executor of the estate notice that you are that beneficiary's creditor seeking to be paid.
You can also prepare and have served upon the judgment debtor an order of examination. Such a proceeding requires the judgment debtor after being served with the notice to appear in court and answer questions concerning his or her assets.
At the order of examination you would have an opportunity to ask questions about the inheritance that the judgment debtor may receive.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.