After winning a judgement in smll claims court due to no response from the defendant, how do I pursue collection?
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After winning a judgement in smll claims court due to no response from the defendant, how do I pursue collection?
I believe this person has an inheritence of property coming from recently deceased parent and this would be the only way to collect as they own no real property. Can I find out for sure if this person has an inheritance due? I appears the home is being readied for sale. I assume that something has been arranged for inheritances for the adult children and this home will be sold and proceeds split. Do I need an attorney to find out these estate details or is that info somehow protected? Is it possible to pursue this?
Asked on June 21, 2012 under Bankruptcy Law, Massachusetts
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Now that you have a judgment you need to have an abstract of judgment prepared, sealed by the court clerk and then recorded with the county recorder's office where the judgment debtor resides to perfect the judgment.
After that, if there is a probate where the judgment debtor is a beneficiary of the Will, then you serve and file a notice of lien on that probate proceeding so as to give the court and the executor of the estate notice that you are that beneficiary's creditor seeking to be paid.
You can also prepare and have served upon the judgment debtor an order of examination. Such a proceeding requires the judgment debtor after being served with the notice to appear in court and answer questions concerning his or her assets.
At the order of examination you would have an opportunity to ask questions about the inheritance that the judgment debtor may receive.
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