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Fisher of Men
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We had a Non paying tenant in one of our commercial buildings. We had to evict them. In small claims we could only get a judgement for 10K. They owe us another 38 K . I would like to have a consultation to see what way to go. We will probably never get a dime form them, but i would atleast like to check out differnt options we may have in order to collect some if not all of monies due us. Thank you, PLease email me and we will get right back with you. If you know of an affordable attorney that handles these matters.
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the judgement is a civil judgement. unless the people have a lot of money (and i doubt they do) there's not a lot that you can do. heck, the goldman's can't even squeeze the juice out of o.j.

the bottom line is the old proverbial "you can't get blood out of a turnip" thing.
 

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archTech
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Once you have a judgement you can wait 30 days and get a writ of execution to try and collect some of their things. The best bet is to file a lien against any properties they might own (their house) for some of it...but there are specific deadlines for this process.
 

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COME AND TAKE IT
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Even if they have no money, that is no reason to stop. You can get a lien against anything they own and when they go to sell it, they will have to pay you.
 

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archTech
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Even if they have no money, that is no reason to stop. You can get a lien against anything they own and when they go to sell it, they will have to pay you.
That would be true if a lending institution is involved...if the buyer pays cash and does not research it, you are SOL! However, you are correct, don't stop and follow through because chances are there are more people this person has done this to and it will catch up with them if people take action!
 

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COME AND TAKE IT
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That would be true if a lending institution is involved...if the buyer pays cash and does not research it, you are SOL! However, you are correct, don't stop and follow through because chances are there are more people this person has done this to and it will catch up with them if people take action!
This should be considered a lease default, and the debt can be saught with a lien. As long as there is a lease contract, then there should not be much of a problem to get a lien as long as they can prove they are owed the money.

lot of info on this page.

http://www.balcomlaw.com/collections.html

There are other choices, but most of them once again puts you trusting the person again to pay you. If they have already taken them to court, there is going to be bad blood and no reason to trust them again.

How ever this plays out, good luck and I hope you get your money.
 

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archTech
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This should be considered a lease default, and the debt can be saught with a lien. As long as there is a lease contract, then there should not be much of a problem to get a lien as long as they can prove they are owed the money.http://
I was speaking to collecting once a lien is filed against a property and then collecting once it is sold again.
 

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COME AND TAKE IT
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I was speaking to collecting once a lien is filed against a property and then collecting once it is sold again.
As long as there are taxes paid on the property that the lien is against. There is no way for them to change ownership on that property without taking care of the lien first. Land,home, cars, equiment, etc.... Anything that goes through the court house the lien will show up no matter how it is paid for.

This is also true if the person who you file a lien against dies. There property can not be divided up until the liens are dealt with.
 

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archTech
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As long as there are taxes paid on the property that the lien is against. There is no way for them to change ownership on that property without taking care of the lien first. Land,home, cars, equiment, etc.... Anything that goes through the court house the lien will show up no matter how it is paid for.

This is also true if the person who you file a lien against dies. There property can not be divided up until the liens are dealt with.
Yes it can...I have had it personally happen to me on a lien that was filed by me.
 

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COME AND TAKE IT
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Yes it can...I have had it personally happen to me on a lien that was filed by me.
If you filed the lien correct then that was a complete failure of the local court house where it was filed and or where it was changed ownership. Just because it happened to you, does not mean it is common place. In old days, liens were lost in fires, but in todays world of computers it does not happen very often.

Liens are designed with it in mind to make it so cash tansactions can not go around them. If you are talking about a labor and materials lien, then I am not familer with thoose and it would not aply in this case.
 
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