Thanks for that tidbit LK. I didn't realize we (you, NJI and myself) were all in NJ.
NJI, if you go the SCC route...don't forget to add INTEREST to your claim. A claim w/o expressed interest means no interest.
The way SCC would work is like this...you file a claim, about a month later you will be notified of a court date.
Before actually seeing the judge, you will see a mediator to try and resolve this w/o taking up the court's valuable time. If you can reach an agreement, the defendant will have until the close of business (or other time as agreed to by both parties) to hand over the funds.
If you cannot reach an agreement, you go before the judge. Again, the defendant will have until the close of business (or other time as agreed to by both parties) to hand over the funds.
Now, if said defendant does not pony up the dough, you have a few options on how to get your money. Some of them are:
- execution on goods and chattels
- bank levy
- execution against wages
- docketed judgement
(See:
http://www.judiciary.state.nj.us/civil/forms/scpjudg.pdf)
All this is, of course, assuming you win.
You don't neccessarily have to file a lien against their property and play the waiting game until they sell, refi, etc.
What county are you in?
I may have some specifics.
