A Small Clain, Part 5

If you can recall all the way back to Part 1 if this series (on another site) I filed a suit in small claims court against Gorham Paper and Tissue  for failing to pay $3,800 in invoices for graphic design services.

In Part 4 of the series I reported on the company’s response to the suit in which they informed the court:

I admit I owe the claim but need more time to pay. (You may ask for a period of time during which you can make payments that you suggest. If you do not, and you are an individual, the court will enter a judgment with an order of $35 each week until the judgment is paid. If you ask to pay less than $35 per week, and the plaintiff does not agree, a hearing will be scheduled. A judgment against a business and a judgment against a landlord for return of a security deposit, will be ordered paid in a lump sum.)

That answer was filed on February 14 and there have been no further updates since. Not that I have been neglecting keeping you all informed, just that nothing has happened. Until this was posted to the case last night.

The following order is entered in the above matter:

ORDER:
Disposition: JWTP – JUDGMENT WITHOUT TRIAL FOR PLAINTIFF

Judgment for Plaintiff after Default without a Hearing in Damages. This means the Defendant(s) lost the case and must pay:

Total Damages: $ 3800.00

Entry Fee: $ 95.00

Service Fee: $ 100.00

Total Amount of Damages and Costs: $3995.00

Defendant is not liable for post-judgment interest

The Defendant must begin make payment of $3995.00 in full to Plaintiff no later than 6/21/2019.

Payable to: STEPHEN MACKLIN
Sent to: [REDACTED]
[REDACTED]

If you won the case, you are the creditor. The court does not collect the money for you. If the debtor does not pay the judgment as ordered by the Court, you can ask the Court to order a wage, bank or property execution to collect the money. After the debtor has paid the judgment, you must file a satisfaction of judgment with the Clerk’s Office.

If you lost the case, you are the debtor. You must pay the damages and costs by the date(s) ordered by the Court. If you do not pay by the date(s) shown in this order, the plaintiff can ask the Court to order an execution against you to attach your wages, bank accounts or property. You will then have to pay both the money you owe and the State Marshal’s fees and costs. If you have a serious reason why you cannot pay the money as ordered by the Court, you can file an appropriate motion asking the Court to change the terms of payment. Do not make payments to the Court.

emphasis added

This is great news and great timing. Now it just remains to be seen if Gorham Paper and Tissue  will do the right thing and actually pay the judgment without me having to take further action. Because to paraphrase: And I absolutely will not stop, ever, until they pay. The Designer … That’s what he does. That’s all he does!

Part 6 should be posted by June, 22. Stay tuned.

Author: Stephen Macklin

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