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Old 07-30-2018, 01:47 PM   #21
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Mr. Brown did not have any insurance of any kind on his boat. My insurance does not cover it.


Yet another example of his irresponsibility. I don’t know the process but is is possible to get a court to order a wage garnishment to cover it? The lien is a great idea, but it means you have to wait for your money. $30k now is worth a lot more than $30k in 15 years.
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Old 07-30-2018, 02:04 PM   #22
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Yet another example of his irresponsibility. I don’t know the process but is is possible to get a court to order a wage garnishment to cover it? The lien is a great idea, but it means you have to wait for your money. $30k now is worth a lot more than $30k in 15 years.

Not sure about the US, but only the government(s) can garnish wages in Canada.
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Old 07-30-2018, 04:57 PM   #23
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Not sure about the US, but only the government(s) can garnish wages in Canada.
Private parties (creditors) can garnish wages in the US, if they have a judgment and a court order to do so, and can identify assets or income. Execution on a money judgment is not quick and easy though, so plaintiffs/creditors always have to decide whether the potential recovery is worth the time and killing lots of trees on paperwork and legal process. (Not an attorney and I don't play one on TV, but my job at court does help pay for my boating habit. And I'm married to one of them lawyer types.)
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Old 07-30-2018, 06:55 PM   #24
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A judgement usually bears interest which helps, provided you do eventually recover the debt.
No idea about over there, but here you can(could) get an order requiring a debtor to attend court for examination on financial status, earnings,employer details,assets,and to produce documents tending to show those things. It is an opportunity to reach a deal,or failing that, to get the info needed to pursue recovery.
In practice most "examinations" were conducted outside Court between the parties, but an uncooperative debtor can be examined in Court.
Whether you have this system I know not, it worked well here, but some debtors are not worth pursuing.
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Old 07-30-2018, 10:46 PM   #25
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Yet another example of his irresponsibility. I don’t know the process but is is possible to get a court to order a wage garnishment to cover it? The lien is a great idea, but it means you have to wait for your money. $30k now is worth a lot more than $30k in 15 years.
He has until Aug. 5th to pay in full or set up a payment plan. To get garnishment and liquidate his assets would require another lawyer and we would have to sue him in civil court. Not sure if I want to spend 10k. He is on disability social security. So not thinking that far ahead yet.
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Old 07-30-2018, 10:51 PM   #26
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Best of luck collecting the judgment.
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Old 07-30-2018, 11:16 PM   #27
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He has until Aug. 5th to pay in full or set up a payment plan. To get garnishment and liquidate his assets would require another lawyer and we would have to sue him in civil court. Not sure if I want to spend 10k. He is on disability social security. So not thinking that far ahead yet.
He may not be worth "powder and shot". (I don`t mean that literally)
Can the restitution order be registered in the Civil court without suing him?
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Old 07-31-2018, 12:51 AM   #28
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From your description, you don't have a judgement, just an order of restitution. That can be enforced by the government through coercive means, but you really can't do much on your own.

The issue is more likely a coverage issue, rather than a damage issue. You might call Mike Farnell's firm in Portland. They are licensed in WAshington as well. I've worked with them on coverage issues in the past. they are at 503 222 1812.

The other thing you can do is to pay for an asset search. It may cost a couple hundred, but you'll know if there is property or other items. Given his income, if he has no property easily convertible to cash, its not going to be worth going after him. He's likely to ignore you and try and file chapter 7 to avoid payment. (that chapter 7 will discharge any judgment you get, but will not affect the restitution order. If he's got assets you might higher a lawyer to get the judgment. If not, talk to farnell's office to see if they have some ideas on squeezing coverage out of whatever policies exist.
good luck

to answer some of the other questions posted here: No, you cannot simply take a restitution order and have it become a civil judgment that you can enforce. Different animals. Interest on a judgement in WA is 12 per cent/annum. Typically, in a state court judgement, most restitution orders do not include interest unless referred by the county to a collection agency. (but that's not universal, so worth a call to the clerk's office to confirm). Federal orders do include interest...I think.
If you do get a judgement, its good for 10 years in Washington and then has to be renewed for another ten, or it goes away. Every once in a while, they do pay off. I just got a call from a title company this afternoon asking for a total payoff on a judgment I took for a client 14 years ago.

good luck


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Old 07-31-2018, 05:14 AM   #29
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In my experience obtaining a judgement is one process and obtaining and perfecting a lien is another process.
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Old 07-31-2018, 05:34 AM   #30
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We took a guy to small claims court in WA state and won the max ($5,029.00). He is (so called) self employed so there are no wages to garnish. He has no real estate assets. His only asset appears to be a 15 year old diesel dodge truck and a KTM dirt bike. (In hindsight I should have offered to settle for the KTM?)

There's just no (legal) way to force him to pay. It's an exercise in frustration. I wish you better luck. Maybe the dude has a job.

I like Peter's advice the best. Let your insurance company handle it. OTOH, my experience with insurance companies is that instead of saying "oh Fred has been graciously paying his premiums for many years, let's just cover this loss" they soon raise your rates to cover the amount of the loss.

It's one of those deals where there's no happy ending.
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Old 07-31-2018, 07:30 AM   #31
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He has until Aug. 5th to pay in full or set up a payment plan. To get garnishment and liquidate his assets would require another lawyer and we would have to sue him in civil court. Not sure if I want to spend 10k. He is on disability social security. So not thinking that far ahead yet.
Did your attorney not check out his financial situation prior to the suit? I'd find that always important to know who you're suing and what assets are there. Otherwise, you're suing someone who is judgement proof.
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Old 07-31-2018, 11:07 AM   #32
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From your description, you don't have a judgement, just an order of restitution. That can be enforced by the government through coercive means, but you really can't do much on your own.

The issue is more likely a coverage issue, rather than a damage issue. You might call Mike Farnell's firm in Portland. They are licensed in WAshington as well. I've worked with them on coverage issues in the past. they are at 503 222 1812.

The other thing you can do is to pay for an asset search. It may cost a couple hundred, but you'll know if there is property or other items. Given his income, if he has no property easily convertible to cash, its not going to be worth going after him. He's likely to ignore you and try and file chapter 7 to avoid payment. (that chapter 7 will discharge any judgment you get, but will not affect the restitution order. If he's got assets you might higher a lawyer to get the judgment. If not, talk to farnell's office to see if they have some ideas on squeezing coverage out of whatever policies exist.
good luck

to answer some of the other questions posted here: No, you cannot simply take a restitution order and have it become a civil judgment that you can enforce. Different animals. Interest on a judgement in WA is 12 per cent/annum. Typically, in a state court judgement, most restitution orders do not include interest unless referred by the county to a collection agency. (but that's not universal, so worth a call to the clerk's office to confirm). Federal orders do include interest...I think.
If you do get a judgement, its good for 10 years in Washington and then has to be renewed for another ten, or it goes away. Every once in a while, they do pay off. I just got a call from a title company this afternoon asking for a total payoff on a judgment I took for a client 14 years ago.

good luck


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Old 07-31-2018, 11:08 AM   #33
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Did your attorney not check out his financial situation prior to the suit? I'd find that always important to know who you're suing and what assets are there. Otherwise, you're suing someone who is judgement proof.
It was criminal court, not civil.
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Old 07-31-2018, 11:11 AM   #34
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It was criminal court, not civil.
Ah....forgot that. Hence, restitution and not a judgement. But then failure to pay is failure to fulfill a court order too.
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