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#16
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possible piracy
I believe it will go against me if I do not accept a legit CD. (I don't
expect it to b e.....she said "copy") The judge would see it as them trying to make part of it right & I refused to let them. I think I still have a case for getting back what he charged me simply because he did it illegally & charged for things he didn't do. I can still prove he did what he did illegally. NOW I NEED AN ATTORNEY...........know one?? lol "NoNoBadDog!" wrote: Do not sign *anything*. If you sign a statement as they want, it will stand in court, and you won't have much of a case. *IF* they offer you a new, factory sealed copy of Windows XP with the Orange sticker and COA, you should still not sign for it. They have broken the law and should be investigated. If it were me, I would not even bother. I would document everything and take them to small claims court. If they are in the wrong, they will have to pay any fines, damages and penalties as well as your court costs. Bobby "violet" wrote in message ... I won't. If there is anything not legit, I am going to write it on the letter before signing it. ( I figure they will call it all off when I start writing on the letter) The way she said "copy" makes me think it will be a burned off CD. I am going to accept what they give me & then call them when I get home & let them know I know it is still not he genuine product. It will be just that much more evidence in court. "Larry Samuels" wrote: They are running scared. Don't sign anything unless the cd and COA are originals. Do not accept a burned disk or a key written /typed. -- Larry Samuels Associate Expert MS-MVP (2001-2005) Unofficial FAQ for Windows Server 2003 at http://pelos.us/SERVER.htm Expert Zone- www.microsoft.com/windowsxp/expertzone "violet" wrote in message ... I'm glad I had your warning. They called & said they had talked to their attorney & the only thing they could do was have me bring in my tower & they could uninstall XP & reinstall my ME. I told them I had been advised not to let them have it. She called back & said they had talked to Microsoft & I can come in Thursday morning & pick up a "copy" of my system. She also said she would have a letter for me to sign, stating I had received it. "Leythos" wrote: In article , says... I contacted his store this morning. Of course, he wasn't there & is suppose to call me this afternoon. I'm going to wait till 4:30 & call, if he has not........which I don't think he will. I will leave the message you gave me, giving him a deadline of Friday 6/09. I plan to go to the police & the courthouse on Monday. I appreciate your taking the time to help me. As I said, I am computer stupid, but I just felt something was rottten in Denmark! I now feel I can go up against this guy. Make sure you post how things turn out, I'll monitor the group for your reply (keep the same Subject if you can). Just make sure that you don't fall for the "You have to bring the computer into the office so that I can legally past the COA sticker on the box in the proper location" - this would be a warning that he might wipe the entire drive to hide any evidence. Also, make sure you don't hand over your receipt, it's evidence now. -- remove 999 in order to email me |
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#18
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possible piracy
You're probably correct. If it's not what it is supposed to be, then I should
accept nothing. "Leythos" wrote: In article , says... If there is anything not legit, I am going to write it on the letter before signing it. Don't sign anything, even if you are pressured, unless the key/COA/CD are 100% legit. Even if you note on the letter than you are missing part X, don't feel something is right, you never know what they will/can do. If you don't get a real CD/COA, then don't accept anything from them and don't sign anything. Go on to www.Google.com, search for XP COA, then click the "Images" link above the search box, it will return a BUNCH of pictures, many of them show what real COA stickers look like. If it doesn't look official, then don't take/sign anything. The real CD is silver and has a holographic image, if you hold it at different angles it will say Microsoft on it. -- remove 999 in order to email me |
#19
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possible piracy
I believe they will be offering a burnt CD of their own making. I would like
to get out the door with it though! "violet" wrote: I won't. If there is anything not legit, I am going to write it on the letter before signing it. ( I figure they will call it all off when I start writing on the letter) The way she said "copy" makes me think it will be a burned off CD. I am going to accept what they give me & then call them when I get home & let them know I know it is still not he genuine product. It will be just that much more evidence in court. "Larry Samuels" wrote: They are running scared. Don't sign anything unless the cd and COA are originals. Do not accept a burned disk or a key written /typed. -- Larry Samuels Associate Expert MS-MVP (2001-2005) Unofficial FAQ for Windows Server 2003 at http://pelos.us/SERVER.htm Expert Zone- www.microsoft.com/windowsxp/expertzone "violet" wrote in message ... I'm glad I had your warning. They called & said they had talked to their attorney & the only thing they could do was have me bring in my tower & they could uninstall XP & reinstall my ME. I told them I had been advised not to let them have it. She called back & said they had talked to Microsoft & I can come in Thursday morning & pick up a "copy" of my system. She also said she would have a letter for me to sign, stating I had received it. "Leythos" wrote: In article , says... I contacted his store this morning. Of course, he wasn't there & is suppose to call me this afternoon. I'm going to wait till 4:30 & call, if he has not........which I don't think he will. I will leave the message you gave me, giving him a deadline of Friday 6/09. I plan to go to the police & the courthouse on Monday. I appreciate your taking the time to help me. As I said, I am computer stupid, but I just felt something was rottten in Denmark! I now feel I can go up against this guy. Make sure you post how things turn out, I'll monitor the group for your reply (keep the same Subject if you can). Just make sure that you don't fall for the "You have to bring the computer into the office so that I can legally past the COA sticker on the box in the proper location" - this would be a warning that he might wipe the entire drive to hide any evidence. Also, make sure you don't hand over your receipt, it's evidence now. -- remove 999 in order to email me |
#20
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possible piracy
"violet" wrote: FIRST--I am computer stupid! I appreciate any help, but please make it simple for me to understand.....TY! I think I have been pirated. My pc crashed. I took it to repairman. He talked me into updating from ME to XP. I got tower back, but no CD, floppies, etc. I have asked for the backup disc, but he will not give me one. He installed XP Pro Service Pack 2. How do I find out & prove if it is pirated? How do I get a backup? (He says I can make one, but can't figure out how...if I can) I contacted microsoft, but they will not tell me if it is piracy, although she said she thought it was. Says it is not their customary procedure to notify me. I want to take him to small claims court or something, but I need proof. |
#21
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possible piracy
Man I hate low life’s like this guy!
Ok, report him to: http://www.siia.net/piracy/report.as...FRJbFQod4R-qyw Then go here and fill out a tip: https://tips.fbi.gov/ Then he https://reporting.bsa.org/usa/home.aspx Then here http://www.microsoft.com/piracy/ReportingUs.mspx File a report with you State Consumer Affairs. Then file a report with your local police agency as you have been a victim of fraud. Write a letter to the in-DUH-vidual and explain you have reported him to the authorities. Include copies of the forms you fill out...black out ALL personal information. Ask for your money back. Tell him he has 30 days to respond or you will sue him in small claims court for fraud. Found this on another website: To meet your legal obligations, include the following information in your 30 Day Demand Letter: 1. Your full name and address 2. The description of the unfair or deceptive act or practice including all the unfair or deceptive practices claimed, the dates involved in the transaction, and any other important facts. If you know the regulation number of the regulation violated, you may wish to include it. However, you are not limited to written regulations or laws. 3. Clearly explain the injury you suffered as a result of the unlawful act such as: o Failure to return a security deposit results in the loss of money. o Sale of a defective household appliance results in the ownership of a useless and worthless product. o Purchase of goods through "bait and switch" tactics results in owning unwanted goods which are more expensive than originally planned o Failure of the TV repairman to repair a broken set results in payment for services improperly performed. The demanded relief including the amount of money you are demanding to recover. Although it is not required by law, the 30-Day Demand Letter should be sent by certified mail, return-receipt requested, so that you will have proof of delivery. Send the letter by regular mail also, and keep a copy for your files. Written Offer of Settlement Once you mail the 30 Day Demand Letter, the merchant has thirty days to respond in writing. You then must decide to either reject or accept the merchant’s offer. If you reject an offer which the Court later finds to be reasonable, then the Court may limit the amount of money you can collect. The Court may limit your recovery to the amount the merchant originally offered to you. The Court may find in your favor because either the merchant never sent a settlement offer or sent you an unreasonable offer. You then may be able to recover you actual monetary damages, or $25, whichever is greater. The Court may also find that the merchant's violation of the Consumer Protection Act was "willful or knowing," or that the merchant’s refusal to settle with you was made in bad faith. In either case, you may receive between two and three times the amount of your actual damages, or $25, whichever is greater. If the Court finds in your favor, you are entitled to reasonable attorney’s fees and costs. However, the Court may not award you attorney’s fees if you initially rejected a reasonable settlement offer. You can be assured that this is not the first time this slug has done this but with your actions and diligence it will be the last. Good Luck! ps...sorry for the earlier blank post |
#22
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possible piracy
I appreciate your information. You are one day late on some of it, though. I
filed a complaint with Microsoft & the BSA a couple weeks ago. Last Monday I gave the repairman a verbal deadline of Friday to give me my legit product or I was going to the local authorities. He laughed & told me to go ahead. 20 mins. later the wife called & said they had spoke with their attorney & the only thing they could do was uninstall the XP & reinstall my ME. I had already been advised not to let them have my pc & told her so. 30 mins. later he calls & says I can pick up my product Thursday & sign a letter stating I had received it. When I arrived, they had the home version & a letter releasing them of any further liability. I told her the PRO version was on my pc & that's what I needed. She said that was all they could do for me, so I left with nothing & signed nothing. Friday I filed a small claims case & went to the sheriff dept. They said I would have to report it to the city first. They said the city may not be able to handle it (I am in a very small town) & that I may have to come back with them. I filed a report with the city police. I will keep your letter on file & follow up with the other reporting sites, if need be. By the way........small claims said I did not need to send a written notice. "Melted_CPU" wrote: Man I hate low life’s like this guy! Ok, report him to: http://www.siia.net/piracy/report.as...FRJbFQod4R-qyw Then go here and fill out a tip: https://tips.fbi.gov/ Then he https://reporting.bsa.org/usa/home.aspx Then here http://www.microsoft.com/piracy/ReportingUs.mspx File a report with you State Consumer Affairs. Then file a report with your local police agency as you have been a victim of fraud. Write a letter to the in-DUH-vidual and explain you have reported him to the authorities. Include copies of the forms you fill out...black out ALL personal information. Ask for your money back. Tell him he has 30 days to respond or you will sue him in small claims court for fraud. Found this on another website: To meet your legal obligations, include the following information in your 30 Day Demand Letter: 1. Your full name and address 2. The description of the unfair or deceptive act or practice including all the unfair or deceptive practices claimed, the dates involved in the transaction, and any other important facts. If you know the regulation number of the regulation violated, you may wish to include it. However, you are not limited to written regulations or laws. 3. Clearly explain the injury you suffered as a result of the unlawful act such as: o Failure to return a security deposit results in the loss of money. o Sale of a defective household appliance results in the ownership of a useless and worthless product. o Purchase of goods through "bait and switch" tactics results in owning unwanted goods which are more expensive than originally planned o Failure of the TV repairman to repair a broken set results in payment for services improperly performed. The demanded relief including the amount of money you are demanding to recover. Although it is not required by law, the 30-Day Demand Letter should be sent by certified mail, return-receipt requested, so that you will have proof of delivery. Send the letter by regular mail also, and keep a copy for your files. Written Offer of Settlement Once you mail the 30 Day Demand Letter, the merchant has thirty days to respond in writing. You then must decide to either reject or accept the merchant’s offer. If you reject an offer which the Court later finds to be reasonable, then the Court may limit the amount of money you can collect. The Court may limit your recovery to the amount the merchant originally offered to you. The Court may find in your favor because either the merchant never sent a settlement offer or sent you an unreasonable offer. You then may be able to recover you actual monetary damages, or $25, whichever is greater. The Court may also find that the merchant's violation of the Consumer Protection Act was "willful or knowing," or that the merchant’s refusal to settle with you was made in bad faith. In either case, you may receive between two and three times the amount of your actual damages, or $25, whichever is greater. If the Court finds in your favor, you are entitled to reasonable attorney’s fees and costs. However, the Court may not award you attorney’s fees if you initially rejected a reasonable settlement offer. You can be assured that this is not the first time this slug has done this but with your actions and diligence it will be the last. Good Luck! ps...sorry for the earlier blank post |
#23
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possible piracy
Actually, once the judgment is entered, the Sheriff of the county will levy
on the defendant's assets (seize enough property to satisfy the judgment if the property should have to be auctioned to enforce the judgment). Pretty much painless for the Plaintiff. *** "Leythos" wrote in message . .. Just an update for everyone that participated in this thread: The computer owner was offered a different version of XP than the vendor had installed and it was refused. The vendor tried to get the computer owner to sign-off on the deal and the owner would not. The computer owner contacted the authorities and was directed to take it to small claims court and won by default - the vendor didn't how up at court. The vendor now has 10 days to respond and if not, then the computer owner wins - the bad part is the owner has to collect some way on their own, but the judgment is against the vendors business. The vendor is also being watched by the authorities and the MS Piracy group has reported that they are investigating the vendor too. Sometimes WGAN really does work and it really does catch pirated copies properly. In article , says... I contacted the repairman almost 2 weeks ago about a disc. At first he said he would take $99 out of his own pocket & order me one. The day it was supposed to be here, he said it didn't come in. The next day, his wife called & said it still didn't come in. She said UPS must have lost it & they were going to track the shipment. I do have my receipt, but it doesn't state which version he put on it. It just says "reinstall operating system with all updates". It only take a couple days to get an OEM installation from a VAR, call them back and tell them that you've been told that you appear to have a pirated copy of Windows XP on your computer, that without a COA and Media, according to Microsoft's Systems Builder agreement, that you have a pirated copy of Windows XP on your computer. Tell them the only way that MS permits the distribution of OEM software is with the COA and you want your COA sticker and media or you will have no choice except to report them to the authorities. Tell them that you expect the media/COA no later than (pick a time that works for you, but make it this week, early). The key part of the vendors statement is that they told you it would take $99 out of their own pocket - if it was a legit copy of XP he would already have spent the money and already have provided you with a COA and media. Do not give him access to your computer and do not give him access to your receipt - you want to have those as leverage against them. -- remove 999 in order to email me |
#24
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possible piracy
Doesn't have to be money they seize...it can be any asset such as printers,
chairs, file cabinets, computers, desks, work bench...anything that can be sold to satisfy the judgment. At least that's the way it is in N.C. and most likely similar or the same in other states. Regards, Fitz (retired deputy) :-) *** "Leythos" wrote in message . .. In article , LID says... Actually, once the judgment is entered, the Sheriff of the county will levy on the defendant's assets (seize enough property to satisfy the judgment if the property should have to be auctioned to enforce the judgment). Pretty much painless for the Plaintiff. They were under the impression that unless there was money that could be reached that they would have to wait or find some other means. It would be really great if the local authorities would collect for them. -- remove 999 in order to email me |
#25
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possible piracy
Leythos wrote: Just an update for everyone that participated in this thread: The computer owner was offered a different version of XP than the vendor had installed and it was refused. The vendor tried to get the computer owner to sign-off on the deal and the owner would not. The computer owner contacted the authorities and was directed to take it to small claims court and won by default - the vendor didn't how up at court. The vendor now has 10 days to respond and if not, then the computer owner wins - the bad part is the owner has to collect some way on their own, but the judgment is against the vendors business. The vendor is also being watched by the authorities and the MS Piracy group has reported that they are investigating the vendor too. Sometimes WGAN really does work and it really does catch pirated copies properly. Works for who? The victim is considerably out of pocket and has no way of getting anything back without yet more effort -if then. The moral of the story is leave the pirates alone and let Microsoft find some other way around the problem. The victim would have been better off if on finding she had a dodgy copy that wouldn't update she had gone to a reputable shop and got a genuine disk. Or learned to live with the one she had -or went Linux. |
#26
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possible piracy
I was told it would be up to me to collect. I have to find a bank account
number or garnish his wages (which he probably doesn't show any). I go Monday to file (& pay onother court cost). I'm going to try to go after the business first, although I was told that may not work. If the place is financed, then he owns nothing in the store. Microsoft & the local authorities are investigating him, so I may have to just be content with him being put out of business. "Fitz" wrote: Actually, once the judgment is entered, the Sheriff of the county will levy on the defendant's assets (seize enough property to satisfy the judgment if the property should have to be auctioned to enforce the judgment). Pretty much painless for the Plaintiff. *** "Leythos" wrote in message . .. Just an update for everyone that participated in this thread: The computer owner was offered a different version of XP than the vendor had installed and it was refused. The vendor tried to get the computer owner to sign-off on the deal and the owner would not. The computer owner contacted the authorities and was directed to take it to small claims court and won by default - the vendor didn't how up at court. The vendor now has 10 days to respond and if not, then the computer owner wins - the bad part is the owner has to collect some way on their own, but the judgment is against the vendors business. The vendor is also being watched by the authorities and the MS Piracy group has reported that they are investigating the vendor too. Sometimes WGAN really does work and it really does catch pirated copies properly. In article , says... I contacted the repairman almost 2 weeks ago about a disc. At first he said he would take $99 out of his own pocket & order me one. The day it was supposed to be here, he said it didn't come in. The next day, his wife called & said it still didn't come in. She said UPS must have lost it & they were going to track the shipment. I do have my receipt, but it doesn't state which version he put on it. It just says "reinstall operating system with all updates". It only take a couple days to get an OEM installation from a VAR, call them back and tell them that you've been told that you appear to have a pirated copy of Windows XP on your computer, that without a COA and Media, according to Microsoft's Systems Builder agreement, that you have a pirated copy of Windows XP on your computer. Tell them the only way that MS permits the distribution of OEM software is with the COA and you want your COA sticker and media or you will have no choice except to report them to the authorities. Tell them that you expect the media/COA no later than (pick a time that works for you, but make it this week, early). The key part of the vendors statement is that they told you it would take $99 out of their own pocket - if it was a legit copy of XP he would already have spent the money and already have provided you with a COA and media. Do not give him access to your computer and do not give him access to your receipt - you want to have those as leverage against them. -- remove 999 in order to email me |
#27
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possible piracy
Turns out, the computer repairman ran a copy of a new (OEM) system. The local
authorities & Microsoft are investigating him. I begin the process of trying to collect 7/24. It is completely up to me to find assests, etc. Then I can file to garnish wages, seize property, etc. "Leythos" wrote: Just an update for everyone that participated in this thread: The computer owner was offered a different version of XP than the vendor had installed and it was refused. The vendor tried to get the computer owner to sign-off on the deal and the owner would not. The computer owner contacted the authorities and was directed to take it to small claims court and won by default - the vendor didn't how up at court. The vendor now has 10 days to respond and if not, then the computer owner wins - the bad part is the owner has to collect some way on their own, but the judgment is against the vendors business. The vendor is also being watched by the authorities and the MS Piracy group has reported that they are investigating the vendor too. Sometimes WGAN really does work and it really does catch pirated copies properly. In article , says... I contacted the repairman almost 2 weeks ago about a disc. At first he said he would take $99 out of his own pocket & order me one. The day it was supposed to be here, he said it didn't come in. The next day, his wife called & said it still didn't come in. She said UPS must have lost it & they were going to track the shipment. I do have my receipt, but it doesn't state which version he put on it. It just says "reinstall operating system with all updates". It only take a couple days to get an OEM installation from a VAR, call them back and tell them that you've been told that you appear to have a pirated copy of Windows XP on your computer, that without a COA and Media, according to Microsoft's Systems Builder agreement, that you have a pirated copy of Windows XP on your computer. Tell them the only way that MS permits the distribution of OEM software is with the COA and you want your COA sticker and media or you will have no choice except to report them to the authorities. Tell them that you expect the media/COA no later than (pick a time that works for you, but make it this week, early). The key part of the vendors statement is that they told you it would take $99 out of their own pocket - if it was a legit copy of XP he would already have spent the money and already have provided you with a COA and media. Do not give him access to your computer and do not give him access to your receipt - you want to have those as leverage against them. -- remove 999 in order to email me |
#28
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possible piracy
I filed against the repairman dba the business....so that gives me 2 sources.
"Leythos" wrote: Just an update for everyone that participated in this thread: The computer owner was offered a different version of XP than the vendor had installed and it was refused. The vendor tried to get the computer owner to sign-off on the deal and the owner would not. The computer owner contacted the authorities and was directed to take it to small claims court and won by default - the vendor didn't how up at court. The vendor now has 10 days to respond and if not, then the computer owner wins - the bad part is the owner has to collect some way on their own, but the judgment is against the vendors business. The vendor is also being watched by the authorities and the MS Piracy group has reported that they are investigating the vendor too. Sometimes WGAN really does work and it really does catch pirated copies properly. In article , says... I contacted the repairman almost 2 weeks ago about a disc. At first he said he would take $99 out of his own pocket & order me one. The day it was supposed to be here, he said it didn't come in. The next day, his wife called & said it still didn't come in. She said UPS must have lost it & they were going to track the shipment. I do have my receipt, but it doesn't state which version he put on it. It just says "reinstall operating system with all updates". It only take a couple days to get an OEM installation from a VAR, call them back and tell them that you've been told that you appear to have a pirated copy of Windows XP on your computer, that without a COA and Media, according to Microsoft's Systems Builder agreement, that you have a pirated copy of Windows XP on your computer. Tell them the only way that MS permits the distribution of OEM software is with the COA and you want your COA sticker and media or you will have no choice except to report them to the authorities. Tell them that you expect the media/COA no later than (pick a time that works for you, but make it this week, early). The key part of the vendors statement is that they told you it would take $99 out of their own pocket - if it was a legit copy of XP he would already have spent the money and already have provided you with a COA and media. Do not give him access to your computer and do not give him access to your receipt - you want to have those as leverage against them. -- remove 999 in order to email me |
#29
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possible piracy
Since you're a retired deputy any tips on collecting? It is up to me to
find assets. "Fitz" wrote: Doesn't have to be money they seize...it can be any asset such as printers, chairs, file cabinets, computers, desks, work bench...anything that can be sold to satisfy the judgment. At least that's the way it is in N.C. and most likely similar or the same in other states. Regards, Fitz (retired deputy) :-) *** "Leythos" wrote in message . .. In article , LID says... Actually, once the judgment is entered, the Sheriff of the county will levy on the defendant's assets (seize enough property to satisfy the judgment if the property should have to be auctioned to enforce the judgment). Pretty much painless for the Plaintiff. They were under the impression that unless there was money that could be reached that they would have to wait or find some other means. It would be really great if the local authorities would collect for them. -- remove 999 in order to email me |
#30
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possible piracy
The way it works in NC is the defendant is served with the judgment after
the court rules in your favor. There may be a waiting period of 30 days (depending on your state law). Once the court orders the judgment enforced, the Sheriff can go to the place of business and seize any assets from the business and hold them until the judgment is satisfied (usually 30 days). If the judgment remains unsatisfied then the Sheriff can auction the items to enforce the judgment (less a small fee). After the initial court verdict, you shouldn't have to do anything. I've served judgments on people that had no assets and a couple of years later had some assets. In one case, the judgment was still valid and I immediately seized the asset (in this case...a car) and it was later sold at public auction. In another case, I helped serve a $500,000 judgment on a nationally known rock band. We seized guitars, amps, drums, assorted musical instruments, jewelry from the band members and lighting equipment. We didn't seize the limo or band bus because we had enough assets to cover the $500,000 judgment if we auctioned the equipment. As it turned out, the band struck a deal with the plaintiff and the stuff didn't have to go on the block. I've seized myna birds, condominiums, bank accounts, tools and clothing. Almost nothing is protected. I wouldn't think you'd have to find the assets (maybe your state is different than NC) but start with the Tax Office and Register of Deeds. Check business licenses. If it's a small amount of money, he may have enough cash in the cash register. Remember, he doesn't have to own the property free and clear. If there's a (legitimate) lien, the lien holder will be protected before you. Anything over the lien holders interest will be used to satisfy the judgment. *** "violet" wrote in message ... Since you're a retired deputy any tips on collecting? It is up to me to find assets. "Fitz" wrote: Doesn't have to be money they seize...it can be any asset such as printers, chairs, file cabinets, computers, desks, work bench...anything that can be sold to satisfy the judgment. At least that's the way it is in N.C. and most likely similar or the same in other states. Regards, Fitz (retired deputy) :-) *** "Leythos" wrote in message . .. In article , LID says... Actually, once the judgment is entered, the Sheriff of the county will levy on the defendant's assets (seize enough property to satisfy the judgment if the property should have to be auctioned to enforce the judgment). Pretty much painless for the Plaintiff. They were under the impression that unless there was money that could be reached that they would have to wait or find some other means. It would be really great if the local authorities would collect for them. -- remove 999 in order to email me |
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