How long after losing a smail claims lawsuit do you have to pay?
A friend of mine is being threatened that he'll be taken to court. He says he'll hav ethe money in two weeks, the guy is being a jerk. I was just wondering how long you have after losing to pay. I want to tell the other guy that it's dumb to sue and it'll be longer to get your money if you sue. Any ideas?
If the guy does win and gets a judgement, no sure thing in any lawsuit, he'll have to wait 21 days to enter the judgement. Then he has to locate assets and get an order to seize those assets. On average, if it isn;t a lot of $$ involved it can take months.\I should point out that if the guy starts a lawsuit, it takes time to serve a summons and then, after the summons is served, the court has to set a hearing date. If your friend gets the summons and puts in his answer ( 21 days from date of service) the court will set the date, probably 30-60 days aftedr that. Your friend can get the matter postponed fairly easily the first time or two.
It's easy to delay this type of thing for 6 months.
4 Comments »
Brenda L said :
May 29, 2009 at 10:35 am
You are wrong. if a judgment is entered against your friend then unless he files for an appeal of the judgment, he has to pay. If your friend has the money by the time the hearing for small claims is scheduled then I suggest he bring it with him the day of the hearing (cashier's check) and offer to pay at that time. Otherwise, if the plaintiff gets a judgment and then executes it he then has the legal right to attach wages, levy a bank account, etc.
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gentle giant 2 said :
May 29, 2009 at 11:21 am
If the guy does win and gets a judgement, no sure thing in any lawsuit, he'll have to wait 21 days to enter the judgement. Then he has to locate assets and get an order to seize those assets. On average, if it isn;t a lot of $$ involved it can take months.\I should point out that if the guy starts a lawsuit, it takes time to serve a summons and then, after the summons is served, the court has to set a hearing date. If your friend gets the summons and puts in his answer ( 21 days from date of service) the court will set the date, probably 30-60 days aftedr that. Your friend can get the matter postponed fairly easily the first time or two.
It's easy to delay this type of thing for 6 months.
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Patricia C said :
May 29, 2009 at 11:53 am
The money is due as soon as a judgment is given.
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haley said :
May 29, 2009 at 12:28 pm
Depends on what state you live in. Here in Texas, you can sue someone up the butt (excuse my poor phrase) but they can't do anything to forcefully collect the money from you. They cannot take it out of your wages or pay and they cannot take your possessions. They're SOL here. It is most likely different in every state though.
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