350 долларов? За такую сумму я бы явился к должнику не с повесткой в суд, а с бейсбольной битой...:)
Так, с юридической точки зрения, заранее извиняюсь за английский:
A judgment is a statement of which way the case was decided. If the defendant does not pay voluntarily, the court is going to do nothing. It is up to the plaintiff to ask the court to enforce the judgment, by filing a citation to discover assets. If the defendant fails to show up to the citation to discover assets hearing, plaintiff can file a petition for Rule to Show Cause to try to get the defendant to be held in contempt of court, be arrested, and held in sheriff's custody before the next court date.
If the defendant does show up to the hearing on citation, he has to answer under oath to plaintiff's questions about defendant's assets and employment. Once plaintiff discovers what assets defendant has and where he is employed, plaintiff must ask the court for a turn-over order, for example, ordering the bank where defendant has money, to mail a check to plaintiff in the amount of the judgment. Or if the defendant owns real estate, you can record a memorandum of judgment against the real estate, and can ask the court to sell the real estate to enforce the judgment, which usually does not happen if there is a bank holding a mortgage to the property and there is not much equity in the house. Last but not least, you can ask for a wage garnishment order, to have the defendant's employer send you a small % of defendant's paycheck to you.
Игорь Громов
Адвокат
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