What am I allowed to do to collect ona judgement?
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What am I allowed to do to collect ona judgement?
I have won a small claims judgement against my previous landlord, and they have lost their subsequent appeal. Am I allowed to call the defendant? Can I call him every day until he pays me? What if I have his cell phone number from court documents, can I call his cell phone everyday? At what point does it become harassment that I could be in legal trouble over vs. my right to try to collect my money?
Asked on June 27, 2011 under Bankruptcy Law, Washington
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There is a fine line between debt collection and harassment and I would not consider calling him on a regular basis for many reasons. You need to collect legally under the law. Generally speaking, small claims courts have guides for the litigants that discuss the way in which you can collect on a judgement in your state. Go and get one. Your judgement gives you the right to levy band accounts, garnish wages, file a lien against real property and seize personal property. Now, do NOT go and storm nhis house and take his silver ware. usually the sheriff has to do that for you. And stay away from the phones. You can get in to a lot of trouble under the Fair Debt Collection Practices Act. Good luck.
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