I agree that legal advice on the specific case here should be avoided. Here are some general notes and observations:
Liability issues involving the landlord should be sorted out by you and your lawyer
It’s true that judgments are often worthless if you can’t possibly collect or if the cost of collecting exceeds the amount of the judgment
I’ve never heard of a contempt action stemming from failure to pay a money judgment. Typically a judgment is not an ORDER to pay, simply a statement that you have a right to collect money. Contempt actions usually stem from violation of ORDERS.
There are many tools that can be used to enforce judgments, and small claims judgments are binding and enforceable like other judgments. The most common enforcement measures are: (1) lien on real property (abstract of judgment); (2) wage garnishment; and (3) bank levy. Usually, a judgment debtor exam can be conducted to locate the judgment debtor’s assets.
Usually most costs of enforcing a judgment can be revovered, but not attorney fees (some exceptions apply).
You might want to find out whether a small claims court can issue an injunction to abate the nuisance. I don’t know the answer to that. If not, you might want to avoid small claims.
In civil matters, people are LIABLE or NOT LIABLE. The term GUILTY or NOT GUILTY applies to criminal matters.
Im in California & the court says I have to write the person first & ask for the money & they must refuse to pay me before you can sue…
Also, I did win a judgement from a guy about 18 years ago who has yet to pay me. Just cause you win doesn’t mean you get paid. If you want to get paid for sure, be on People’s Court, they pay from a set fund.
For some reason I find myself leaving these little Judge Judy kind of shows going in the background of my life. And every once in a while when I stop what I’m doing at my pc and actually notice this crap, it just amazes me. I just can’t believe people can’t work things out amongst themselves. I’d be seriously embarassed if I had some little small claims dispute I had to take on TV cuz I couldn’t get it settled on my own. I guess if you deal with assholes unwittingly, it’s all you can really do to get justice sometimes. But man… these people that sue over like CD?! It’s crazy. I’d feel guilty using a judges time over my cutesy little $13 spat… it’s like when you fight with your brother and you have to go get your mom to settle it. Some of these people have no shame. At least if they’re really stupid someone like Judge Judy will tear em up heh.
I agree with virtually everything Bear says, and my one minor quibble may reflect a difference between California law (where I will certainly defer to him/her) and Illinois law.
The quibble: I have seen contempt citations issued against judgment debtors. While I agree that failure to pay a judgment, in and of itself, will not result in a contempt finding, there are two situations where contempt of court may often be found.
One is where the judgment debtor is directed to appear to answer questions about his assets, is properly served with notice, and fails to appear. (In Illinois, this is called a citation to discover assets. I believe Bear’s “judgment debtor exam” is probably the same thing.) After the debtor’s nonappearance, the judge will commence contempt proceedings. Unless the debtor appears to defend these, a contempt finding will result. The debtor is then subject to arrest and jailing (a “body attachment”) to compel him to comply with the court’s orders.
The second is where the debtor agrees to an installment payment order, which will direct him to pay the judgment ininstallments, usually monthly. If he violates the order and doesn’t have a good reason for doing so, a contempt finding may result.
I agree with what you are saying, but the difference is this:
In order to conduct a debtor’s exam, the court must order the appearance of the debtor (in California anyway). If the debtor does not appear for the exam, then a bench warrant will issue and the debtor may find him/herself in contempt for failure to appear in violation of the order compelling the appearance… NOT for failure to pay the judgment.
In your second hypo, if an installment payment order is in effect, then the contempt would be based on violation of the payment order, NOT for merely failing to pay sums under the judgment.
I think we’re saying the same thing. (I agree that it’s violation of the subsequent order that is the direct basis of the contempt finding.)
As a practical matter in Illinois, though, I can cause a citation to be issued with no judical action. The clerk of the court issues them on request. If the debtor fails to appear, I can ask for and get an order (called a Rule to Show Cause why [debtor] shouldn’t be held in contempt, which has a return date. No show there, and the court will issue a contempt finding and body attachment.
Funny about the name. You’re the second person who’s said that to me here. I’ve used it in some form for years, but usually I’m not quick enough to get it on boards or similar places these days.
