Hello Everyone! I need anyone's help who has experience in collecting a judgement. I am suing Monogram Credit Card Bank of Georgia and have a court date of next Wednesday with them. I have contacted the court and have been notifed that they have NOT entered a notice to defend with the courts. This means that when I show up on Wednesday I will win a default judgement of $8000.00. I would have to wait 30days before getting the judgement ceritifed since they can appeal. The problem is, I don't think they have intrest in responding to anyone, not even the courts. Yes, they were properly served at their address and that isn't a problem. I don't see a problem in getting this default judgement issued to me. My problem lies in trying to collect my money from them. I am in PA and they are in GA. How or what needs to be done to then get my money from them. Any thoughts or ideas?? Thanks! Tac
YOu will most likely have to get a writ of restitution issued thru the court, and have the sheriff go out and start attaching enough property to be sold at auction to satisfy the debt. Once they see something like that happening, they will most likely ante up.
If they have no property in PA. you will have to "domesticate" the judgment in Ga. You may then do whatever Ga. law allows in collecting. Look like you'll need the services of a Ga. lawyer.
the court will mail them a copy of the default judgement to the address you had served. they may even give you instructions on how to proceed ( my small claims did when i won against exp) However, if you send a certified or overnight copy of the judgement to them, attention legal dept. I am sure you will get a response. on my default judgment they sent me a 1099 form to complete and notice saying I would receive check within 30 days. I had no problem collecting. Oh yeah, they could try to do a motion to vacate based on improper service, etc.... they probably won't but just any fyi.
It was served to the registered serving agent, I don't think they could claim, improper service. The small claims court in my jurisdiction does send notice of judgment to both parties but no instructions on how to collect are given. From reading your post are you claiming to have sued this same company?? Thanks! Tac
You can always sell the judgement for a discount to a CA. It seems to me that a FDIC bank wouldn't be allowed to have an unpaid judgement hanging out there. You may want to check with the Comptroller of Currency. I think this is the agency that regulates banks.
Excellent idea, I may contact the banking commission on monday to see where I stand with this judgement. I am considering using my attorney, but of course you could guess that she will get a large part or percentage of it. Thanks! Tac
i would really try it on my own before involving my attorney. I did not sue a bank, I sued cra, (exp). The small claims also gave me instructions on what to file if they refused to pay the judgment. Just try sending the certified letter... I am almost sure they will pay!
Go read monograms better business report. IT is hilarious. Number of complaints processed by the BBB in last 36 Months: 806 Number of complaints processed by the BBB in last 12 months: 318
