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Feb 25, 2008 -- Getting your money back in small claims court

Clark gets a lot of questions about small claims court. What happens if you actually win? Most people who get a judgment against another party never see a penny for it. The Orlando Sentinel reports that a Maryland law firm called The Judgment Group is now doing post-judgment collections for those who go through small claims court. They'll take on your claim for free and split any money they recover down the middle with you. That sure beats not getting the first nickel! Once again, this is currently only for Maryland residents. The Judgment Group tells Team Clark that they're looking at taking their business model to other states in about 6 months.

Many small claims judgments are default judgments because the defendants are usually contemptuous and don't show up. In most states, you can do something called post-judgment questions. That's when the defendant is required to disclose his or her assets, which you then have a right to seize and sell. But since many defendants don't even bother showing up to court, they don't have the chance to answer the post-judgment questions. In many states, you can actually have them locked up for failing to answer post-judgment questions. That's one sure way to get their attention.

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What others are saying

  • credit score damage from judgment
    You don't mention what can happen if you go to small claims court, don't win and pay promptly. In my case, adversary chose not to notify court of receiving pmt; my fico score dropped 787 to 644. Everyone I've contacted is appalled and tells me there is nothing they can do. I've written the judge, her concern was that adversary was paid; she has no interest in helping with damage he caused me! I'm still trying to regain my credit standing & this began 3/07. I would never trust small claims court again. A $500 auto repair bill turned into a ruined credit standing!
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