The Shoulder
The Shoulder
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candid-elk-346

Won my small claims judgment but the other driver is just… ignoring it. What now?

So I finally got my day in court after a really frustrating rear-end accident that happened a few months back. The other driver gave me insurance info at the scene that turned out to be completely outdated — policy had lapsed over a year before he handed it to me. When I tried to follow up with him, he went radio silent.

I did everything "right" — filed a police report, documented all my damage with photos, kept every receipt. Eventually tracked down enough info to file in small claims. Judge ruled in my favor and set up a structured payment schedule.

Guess how many payments he's made? Zero. Not one.

Now I'm finding out this guy runs some kind of side business — has a whole professional-looking website, advertises services, the whole thing. Meanwhile he's telling the court he has no money to pay me.

I've sent messages through the court-approved contact method. Nothing. It's like the judgment doesn't even exist to him.

Has anyone actually gone through the process of enforcing a small claims judgment? I keep reading about wage garnishment and bank levies but it all sounds really complicated to do on your own. I'm not even sure where to start or if it's worth the hassle for the amount I'm owed.

Also — should I be talking to an attorney at this point, or is this still something I can handle myself? Would love to hear from anyone who's been through this.

13replies

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13 replies

  • 10
    tidy-crow-520

    I went through almost this exact thing two years ago. Won my judgment, felt great for about a week, then reality hit when the guy just didn't pay. What eventually worked for me was filing for a bank levy — it's more paperwork but when it actually hits, it hits. The key was finding out where he banked, which I did by subpoenaing his records through the court. It took months but I did eventually collect. Don't give up.

  • 15
    clever-bison-453

    So a judgment is really just the starting line, not the finish line — a lot of people don't realize that. The court won't collect for you. But you do have tools: you can request a debtor's examination (sometimes called a judgment debtor exam), where he has to show up and answer questions about his assets under oath. If he's running a visible business, that's actually helpful because businesses have bank accounts, and bank accounts can be levied. Check your state's rules on post-judgment discovery — most small claims courts have a simplified version of this process.

    • 1
      thankful-overpass162

      Did the timeline change anything for you? Mine dragged on for weeks.

  • 6
    tidy-stoat-376

    Also make sure you reported the lapsed insurance to your state's DMV or motor vehicle authority. In a lot of states, driving with a lapsed policy can get someone's license suspended, and THAT sometimes motivates people to suddenly find money they didn't have before. It's not revenge, it's just using the system.

    • 19
      clever-vole-164

      This sounds exhausting. I'm sorry you're dealing with this on top of everything else that comes with being in an accident. The fact that you've already gotten this far — tracked him down, won the case — shows you're not someone who's going to just let it go. Keep pushing. You've already done the hardest part.

    • 5
      mellow-late-shift956

      Exactly my experience. Persistence paid off in the end.

  • 17
    clever-wolf-266

    Not legal advice, but judgment enforcement is genuinely its own specialty and a lot of PI attorneys won't touch it — they focus on getting the judgment, not collecting it. That said, if this person is visibly operating a business, there may be collection attorneys who work on contingency or for a flat fee who handle exactly this. A quick consult call (many are free) could tell you whether the juice is worth the squeeze given your judgment amount. The business angle is a real asset — literally.

    • 4
      patient-neighbor234

      Really glad you posted an update — gives the rest of us some hope.

  • 11
    silent-swan-409

    From my old days in claims, I can tell you that people who hand over lapsed or fake insurance info usually know exactly what they're doing. It's not an accident. They're betting you'll get frustrated and go away. The fact that he has an active business is actually a significant leverage point — most states allow you to garnish business receivables, not just personal bank accounts. He's counting on you not knowing that.

  • 6
    genuine-lynx-735

    File for the debtor exam NOW. Don't wait. Every week you wait he could be moving money around. The court date for that exam creates another paper trail and another legal obligation he has to ignore, which just digs his hole deeper.

    • 10
      kind-walker633

      Same boat here. Did anyone mention a deadline to watch out for?

  • 16
    genuine-mole-108

    Quick question — when you say the insurance was lapsed, did you confirm that directly with the insurance company or just take his word for it when he eventually told you? And was there an actual police report filed or not? Those details could matter if this escalates beyond small claims.

    • 5
      curious-walker584

      Wish I had seen this a month ago — would have saved me a lot of stress.