Can I file a police report regarding a civil judgment, if thedefendantfails pay the ordered judgment amount?

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Can I file a police report regarding a civil judgment, if thedefendantfails pay the ordered judgment amount?

We signed a contract to build a home with the local builder and gave a deposit of 15% of the purchase price. He finished 80% of the construction and then refused to sell the home to us. While still under contract he placed the property on the market for 20% higher price than our contract price. When we agreed to take the deposit and move on; he sold the home for the higher price and did not give our deposit back. Judge ordered the builder to pay our money plus costs and the builder is not obeying the judge’s order.

Asked on January 21, 2011 under Bankruptcy Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, you can not file a police report.  Now, you have already sued the builder and the judge has ruled in your favor, correct?  And you have obtained a decision for damages against the builder, correct?  Then you have to "reduce" the decision and order to an actual judgement that is signed by the judge and recorded in the courts.  Then you can "execute" or collect on the judgement.  You can do this in different ways: garnishment of wages (if he is in business for himself then this is probably not a good idea as it won't work), levy on his personal property, levy on bank accounts, file a lien on his personal property - whatever works for you.  If he is hiding assets - placed in a business name or someone else's name - you may have to go back to court.  Then seek legal help.  Good luck.


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