Legal Question in Criminal Law in Missouri

I am taking someone to small claims court, and if I'm awarded a judgment, how do you collect from that person if they have the assets? I don't believe they own anything of value either and I'm not sure how to pursue liens on any property possibly owned. I spoke to my attorney who prepared my will, and she said the person I'm suing is a "bum" and collecting will be impossible. I have a very strong case and the person I'm suing has a criminal background. Any advice would be helpful. I had hired this person for landscaping services and he illegally took down my neighbor's fence so he could drag logs as well as dead bushes onto his property. The police weren't called, but I've got a notarized affidavit from my neighbor as well as other documentation. He also brought in his fianc� as a laborer and was charging me for her to work. Never did this man say or ask if his fianc� could work as a laborer making $40 per hour, and I did not want any problems, so I kept my mouth shut until I had to fire him. It's been a nightmare and I've got a court date set for August 27 pursing $5000 in recovery. This man doesn't have a bank account, and I believe he's "hiding" the monies I paid him. He also doesn't have a driver's license as well. I uncovered all of this by doing research through Missouri Case Net and seeing the cases brought against him. Again, I welcome any advice and ask if you would drop the law suit if this man doesn't have any funds?


Asked on 8/07/14, 3:41 pm

2 Answers from Attorneys
Anthony Smith LawSmith

If you obtain a judgment you may be able transcribe it up. Or do a debtor's exam on him (and possibly the fianc� too.) To dtermine what sheets he has. It is not uncommon to have to sit on a judgment waiting for the judgment debtor to get a job or aquire assets. This can require renewing the judgment by affidavit. An Associate Circuit judgment can allow for an automatic Klein, more official power in collecting and easier renewal than a small claims judgment. That is an economic decision each Pro She Olaintiffmust make.

Since it appears that you-ve already paid the filing and service costs fr a small claims case. If they get the defendant served, it might be better to go forward now, Sometimes "bums' can't be found for service if you wait and sue later.

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Answered on 8/08/14, 8:28 am
Michael R. Nack Michael R. Nack, Attorney at Law

You should hire an attorney to handle the collections if the amount of the judgment justifies it. In other words, is it worth paying a lawyer who knows what he's doing to put money in your pocket or not?

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Answered on 8/08/14, 4:27 pm


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