Legal Question in Credit and Debt Law in New Hampshire
collecting small claims court
I already won a small claims case now my problem is that the person constntly states she can not pay the judge orders her to bring in documentation she does not the judge does nothing. she fills out a financial affadavit with no proof the judge says no means to pay.How can I get the judge to order an amount for the defendant to pay even if in payments?
April
1 Answer from Attorneys
Re: collecting small claims court
You have run in to a common problem; the judge is suppose to require a financial affidavit and inquire of the defendant about his ability to pay. Tell me the Court and how much is the judgment. If it is enough, you should hire an attorney to do post-judgment discovery and have the attorney cross-examine the debtor at the next hearing. It will cost but at this rate half a loaf is better than none.
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