Still trying to collect on coin fraud/update
logger7
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This is an old case, believe it or not from 2008. The guy advertised in Coin World a PCGS certified $20 gold piece he was selling; I sent him a bank check, he kept the coin. I hired a lawyer, got a judgment in a PA court, was not able to collect. $3500 transaction. I patiently followed up on it using whatever legal remedies were available which were not great as he gets SSI disability. I had a contingency collection agency get him to make monthly payments, but that stopped. Then I got a call from him a couple years ago that he inherited money from his deceased father and wanted to pay what he owed, which in PA involves 6% a year. So I had my lawyer call his lawyer who said he would talk to the guy's trustees since his assets are in a special needs trust. Then the lawyer from PA would not return calls. I finally spoke to the guy a few weeks ago who said he wanted to make good on the debt, but his lawyer has not been interested, sounds like a Brittney Spears situation. Not only did the guy want to compensate me the debt which is over $6K but buy me a $20 gold coin as well. I told him the lawful debt was all I needed, judgment plus interest plus costs. Is there any solution on this, as once my lawyer heard his money was in a trust he did not see legal recourse.
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Well good luck. I’m not sure what sort of help or advice you’re looking for on a coin forum. Seems like you might need a second legal opinion.
How does his lawyer have the right to ignore a judgment?
If his money is in a special needs trust he is apparently shielded from legal judgments. I worked through "Legal Shield" which is only $25/month and you can cancel if you don't need legal help. They will make phone calls and write letters that are covered under their system. The lawyer called and spoke to the opposing lawyer and sent a demand letter.
My sister in law has some rental properties and she has to take a hit and move on all the time. Sometimes she even has to pay deadbeat tenants to move out.
How much is your time and sanity worth? It maybe it has been a learning experience that you have been willing to undertake?
He said he wants to pay it all and buy you a coin - is he prepared to do any of that now or is that just idle talk?
Can you file a lien on any property he owns? Can you write off the bad debt and take some kind of tax deduction?
The guy is on SSI Disability and his money is in a special needs trust. It sounds like you are trying to get blood from a stone. If it were me I'd take anything he was offering, try to write off the debt if there are any tax deduction opportunities, and move on. Consider it your good deed for the day/week/year/decade.
He said he'd try to get the lawyer or trustees to do the right thing. One possibility is going over the head of the lawyer to the state, bar association, etc. and see if they have any leverage.
I guess, then, the trustees are the ones to speak to. Are you able to get their names?
seems to me that if a court awarded you money from him then he should be able to just give you what the court says he owes you. All he should need is a receipt.
Repetition of ignorance is ignorance raised to the power two.
Can you have him held in contempt for not paying a judgement?
I am impressed by your commitment to the issue.... but it looks like it may be a stalemate. Good luck... Cheers, RickO
Statute of limitations? 2008 ? I can’t remember what I was doing let alone who did what to me. I respect your situation but it sure seems a little late. Perhaps there will be a good resolution and everyone will be happy 😉
🎶 shout shout, let it all out 🎶
In most jurisdictions, judgments can be renewed every ten years. However, OP, or OP's lawyer, would have had to renew it with the courts. Otherwise it is unenforceable.
The guy says he wants to pay it off? But the lawyer won't let him? Sounds like more intentional stalling to me. For 13 years...
Good luck if you continue to pursue.
In this case the statute runs for 20 years which my lawyer researched as he pursued it.
$3500 is a lot of money to lose for sure, I feel your pain. I‘ll provide the obligatory “I’m not a lawyer”, but my understanding is that money in a Special Needs Trust can only be withdrawn to cover expenses specified by the trust. Which presumably did not include paying civil judgements.
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Good thing he didn't borrow that money from a loan shark, his disability would probably be more severe.
Sadly, I don't think you will ever see any money. Maybe it's time to just walk away from this one as hard as that may be to do.
Your best bet may be to attach a lien to his estate for his heirs to deal with. Good luck
The protection provided for his SS payment I would think may be null at his passing.
Good luck