You must be registered to comment and vote on comments.
of 10 comments Sort:
First, the govenor don't want to raise taxes but he raised the court fees. In Counties other than Henn & Ramsey, judges hear Concil Court cases. My experience has been that they reduce the claim so you have the 50% rule hurdle on appeal. They don't follow the rule of law, and chop up your monetary claim. However, when it comes to collecting on fines these same judges don't chop them up because its their money, not yours. Although, MN has a great standard in the fair administration of law, over states like NV and FL, but the fees in MN outrageous, and the government gets into your pocket too.
Yes, we all want to make the jerk who ripped us off pay up, but often times the jerks are poor, or as a lawyer might say, they are judgment proof. You can get all the judgments in the world, but if he doesn't make a lot of money or own non-homesteaded property, your judgment will be of more value on a roll in your bathroom where you can get something of use out of it. And if you think about it, who is most likely not going to pay what they owe? Hmmm, perhaps people without a lot of money, i.e., people who are judgment proof? So its a nice conundrum. Get your money up front, and if you charge off a retainer make sure the agreement states that you will stop all work once the retainer is used up, and then do just that--quit! If your service or product is of value to them, they will scrape up the cash to pay you.
Though a landlord may not have much luck collecting through garnishment or leins, there is the leverage that a judgement is on the public record and could prevent that tenant from renting again as they would likley fail a proper background check. So for the $60 to go to court and hopefully win it might be worth just placing a judgement on the tenants record which may result in settlement down the road if the tenant finds they can no longer rent a decent place. Expect to negotiate below your judgement to close this but it should create some leverage.
Turn it over to a collection agency within three months of your judgment. Most take 20% of whatever's collected but they get results. 80% is better than nothing and you'd probably pay almost that much in filing fees etc. anyways.
if the deadbeat has not fled the area, identify some known assets whose sale should cover the cost of the judgement (and without which the deadbeat is out of business.) the sheriff will seize them and sell to the highest bidder in a public auction to satisfy the cost of the judgement, sale costs, and seizure costs. that'll cook their bacon.
I used to work for a company called DWI Ride Home in Andover, MN. They never paid me for 1/2 the time I worked there (I wasn't they only employee he didn't pay). So I went to the Anoka county sheriff, who basically told me the owner, Scott Judd, didn't rip me off for enough money to make it a crime (about $2350.00 give or take) even though he was under investigation at the time for ripping someone else off through one of his other companies. So I went to conciliation court and got a judgement. But of course he is one of these people who are "judgement proof". He hides all his assets or puts them in his wife's name so no one can touch him. And the sad thing is that he's still in buiseness. All the Dept. of Labor could do was send him a nasty letter. And even though he has tons of judgements against him (also had companies called Vypercon & US Framing Corps.) and is a convicted felon on probation (theft by swindle, see State of MN v. Scott Allen Judd at www.mncourts.gov/publicaccess) for ripping someone off, the Sec. of State let him refile his company as a non-profit (DWI Ride Home of MN). It sure would be nice if the state went after these losers. But of course they won't.
any real property (land, you can file a lien on it. This can prevent them from selling it until you get paid.
I have gone through the small claims process, and while it can be time consuming, in the long run it was worth it for me. I received the full judgment and all of the fees were added on to the amount taken from the defendant (including the sheriff fee). If I recall correctly, there was a form that the defendant was required to fill out regarding their assets, which I then gave to the sheriff. If the form was filled out incorrectly or not filled out at all, then the defendants would have been cited for contempt of court. Ultimately, however, it is a personal decision. You can either attempt to collect the money, or write it off as a lesson learned.
NOW I KNOW SOME OF THE RIP OFF COMPANIES NAMES NOW HOW ABOUT A STORY ON HOW SOME PRIVATE HOMEOWNERS RIPPED OFF CONTRACTORS BY NOT PAYING THEM IT IS A 2 WAY STREET BECAUSE I KNOW OF SOME CONTRACTORS GETTING RIPPED OFF BY PEOPLE WHO WANT THE WORK DONE BUT DON T WANT TO PAY FOR IT ASK SOME CONTRACTORS I BET YOU COULD FIND ALOT OF THEM PROBABLY ALL CONTRACTORS HAD THAT DONE TO THEM AND IT USALLY IS THE WELL OFF ONES WHO DO IT THAT IS HOW THEY GET TO BE WELL OFF
Your comment is being reviewed for inclusion on the site.
Comments will be reviewed before being published.
Poll: Should baseball expand instant replay?
Mix a video with our footage to get a chance at a $1,000 vacation gift card
Start on your mix now.
425 Portland Av. S.
Minneapolis, MN 55488
© 2013 StarTribune. All rights reserved.
StarTribune.com is powered by Limelight Networks