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Collecting a Judgement?
rk2z asks: "I did some independent contractor work about 6 months ago. I delivered the software as specified in my contract and turned in the hours that it took. I then sent the company an invoice for $1400 which was based upon my contracted hourly work rate. They had paid me in the past so I didnâ(TM)t do anything like withhold source code until payment. To make a long story short, they refused to pay me and I ended up taking them to Small Claims court in the state of Nebraska. I won a judgment for the above amount. The problem is, Iâ(TM)m not really sure how to go about collecting my judgment. The amount is relatively small so I donâ(TM)t want to consult a lawyer, because it not really worth blowing the entire judgment before I even get it. But it's big enough that I donâ(TM)t want to give up on it."
"I looked a couple of law websites like here and
here, but their suggestion were fairly broad.
Does anyone have any experience in going after debtors (without a lawyer if possible)? Is it better to go to a collection agency and blow half the settlement up front? If so does any one know a good collection agency?
Things to keep in mind: [the customer] is a small company (less than 7 employees). They have some property like computers and such, but how do I find out what they own vs. what is leased. Owned property can be seized by the Sheriff and sold at auction. I have tried to contact them about a monthly/weekly payment plan, but have been blown off every time I try to make some progress on the issue. Thanks in advance."
Threaten to mention their website on Slashdot. I'm sure a lot of us would be happy to click the link a few times.
"Derp de derp."
Damn straight, brother Surreal! Testify!
-- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
If by "collection agency" you mean a guy like Nicky Santoro (Joe Pesci) from Casino , then yes, this is good advice.
Look, I simply don't get this, and it's pissing me off. Cpt Kangarooski, I'm not pissed off at you, but I'm going to use you as a launching board for my rant. So please don't take any of this personally, especially seeing as your comment was genuinely helpful.
When there's an article about ANYTHING then everybody is a self-proclaimed expert. Physics? Experts. Astronomy? Experts. Computers? Experts coming out the fucking woodwork. Everybody has an opinion about EVERYTHING on Slashdot and everybody is a freaking expert.
Yet I don't see disclaimers stating "lack of professional experience" about anything except legal questions. I never see "I'm not a Java developer, so don't rely on this, and for god's sake seek professional help from Bill Joy before acting on these words, but... ". No, what you normally get is a self-proclaimed expert acting as if they were standing alongside Bill Joy and helping him nut out the hard bits. Similarly, if there is a question about evolution or religion (or even worse... evolution *and* religion) then suddenly everybody is both a Nobel Prize winner for biology and the Pope's right hand man. Nobody ever sticks a disclaimer at the start saying "my only experience with biology was in 9th grade HS and I don't even know what an ordainment means".
So why the double standard for legal advice? Why is that 90% of the comments to this Ask-/. started with "IANAL" or something similar? Nobody is stupid enough to think that you are a lawyer, and even if they are that stupid that's their own damn problem. You're not going to be held liable for bad legal advice given under a PSEUDONYM on a PUBLIC BULLETIN BOARD when NO MONEY HAS EXCHANGED HANDS. Please, no more redundant "IANAL" disclaimers, unless you're going to start saying "IANA CEO OF MICROSOFT" and "IANA PERSON WHO HAS ANY CLUE ABOUT BIOLOGY" as well.
The most effective way to avoid having your wages garnished is to try to be employed in the tech sector.
Glonoinha the MebiByte Slayer