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Cannot find creditor to pay judgement


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#1 trim_one

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Posted 06 February 2013 - 09:47 AM

I am in the state of Ga. I am a professional builder, however, I prefer not to tackle an entire roof tear-off and re-roof on my own, as I am a woman.
Several years ago, I hired a roofing company to re-roof a rental property my company owns, and my husband signed the contract. This roofer was supposedly a licensed contractor, (general contractor on contract) and fully insured. Neither of these were true. The work was shoddy, and after paying one half of the total price up front, I refused to pay the remainder, asking him to fix the roof correctly, after he provided me with proper insurance papers, a GC license number and more. I did not want him back on my roof for fear of him or one of his employees possibly getting hurt and suing. Many things were and still are wrong with the installation.
He hired a lawyer, took me to court for non payment, and, of course, won in court because he and his lawyer were good at lies and omission, while I have no experience with the law. I DO know correct building procedures and what a new roof should be.

Now, three years later, I find that the judgement that has been put on my husband's name must be satisfied in order to refinance our primary residence. I have tried to find this roofer, who is out of business (big surprise) through his lawyer, who turned the judgement over to him, the white pages, and the tax records for this and several surrounding counties. The phone number is no longer his, and his attorney says he no longer has a contact number for him either.

My question is this- How do I go about getting this judgement paid if I cannot find the person I owe? Or better still, how do I get it off of me? This is a civil action that took place in a magistrate's court. I have tried to find this answer online for three days with no luck.

Thank you in advance....

#2 adjusterjack

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Posted 06 February 2013 - 02:52 PM

There might be a way to deposit the money with the court and have the court issue a satisfaction of judgment.

Check on that.

I imagine you will have to file some sort of motion asking the court to allow that after you have shown that you made reasonable (but unsuccessful) attempts to locate the judgment creditor.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 trim_one

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Posted 06 February 2013 - 03:02 PM

Thanks adjusterjack- I have been doing lots of research on this. I found that I may be able to file something through the courts, but I have no formal name for it, and the clerks do not hand out legal advice. I don't figure I can walk in there and tell them that I want to file "something". I just need a little more info for my state/county. I appreciate your help!!!!

#4 adjusterjack

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Posted 06 February 2013 - 06:24 PM

I've done a search of Georgia court forms and haven't found any samples or formats. I check Fulton County and a few others and google Georgia court forms but nothing came up.

I did, however, find two references to the process.

Rule 44.1 of the Georgia Rules of Magistrate Court touches on the issue but doesn't explain how you go about it.

http://www.georgiaco...ate/B1 URMC.pdf

OCGA 9-11-67 also addresses it but doesn't explain how you go about it.

http://law.justia.co...icle-8/9-11-67/

You're right about the difficulty of walkng in and asking the court clerk. Generally, you'll be told that they can't give out legal advice and you should see a lawyer.

However, you might take a shot at it by printing out those sections, going to the court clerk's window or counter and saying "I want to do this, please give me a form to fill out to go with my check."

You're not exactly asking the dreaded "How do I do this" question.

If that doesn't work, your next stop is a law library where you might get more cooperation from librarians in finding sample motions.

Again, don't ask "How do I do this?" because they can't give legal advice either. Ask about books that might have sample motions.

OTOH I might be overthinking this and you might find it a simple process.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 trim_one

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Posted 07 February 2013 - 04:55 AM

Thanks again adjusterjack! This is awesome- much more info than I was able to find online in three days' worth of searches. ANYthing I have found pertaining to my situation I have printed so that I am "armed" with the info. Now I feel as if I have added a tank to my arsenal. YOU ROCK!

#6 Guest_FindLaw_Amir_*

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Posted 07 February 2013 - 09:53 AM

You may also want to consult with a local Georgia Lawyer to address this matter. Many lawyers do offer a free consultation.




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