Comments on: How long after losing a smail claims lawsuit do you have to pay?

By: haley

haley — Fri, 29 May 2009 17:28:59 +0000

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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By: Patricia C

Patricia C — Fri, 29 May 2009 16:53:59 +0000

The money is due as soon as a judgment is given.
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By: gentle giant 2

gentle giant 2 — Fri, 29 May 2009 16:21:59 +0000

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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By: Brenda L

Brenda L — Fri, 29 May 2009 15:35:59 +0000

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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