Trump slapped with a $283,000 judgment that was awarded to a small Miami based Paint Store

SOURCE: www.polictususa.com

By Hrafnkell Haraldsson on Sat, Jul 23rd, 2016 at 6:48 pm

The Miami Herald reported Friday that “Circuit Court Judge Jorge Cueto, presiding over a lawsuit related to unpaid bills brought by a local paint store against the Trump National Doral Miami golf resort, ordered the billionaire politician’s company to pay the Doral-based mom-and-pop shop nearly $300,000 in attorney’s fees.”

Yes. Another example of Donald Trump stiffing those who do work for him. Not paying his debts. You know, managing money – the thing of which he says he is the master.

Apparently The Paint Spot did a job for Trump and Trump failed to make a final payment of $34,863 on a $200,000 bill for paint used at the resort. The guy who thinks he is immune to all laws – and indeed, the United States Constitution – figured The Paint Spot had been “paid enough” regardless of the contract his company had signed.

Try that one next time you run up some bills at the store. See how it works for you. As Judge Cueto showed, it doesn’t.

The Herald reports that this led “The Paint Spot to slap a lien on the property and Cueto to order the foreclosure sale of the resort.”

Trump National avoided disaster by placing the $34K in escrow but that only avoided the auctioning off of the property; it did not remove the lien, and so Judge Cueto ruled that Trump had to pay for 500 hours of legal work plus a 75 percent “risk” fee for the paint company’s lawyers, who had taken the case despite risking not being paid at all.

Of course, this is Trump we are talking about. The Herald reports that Juan Carlos Enriquez, owner of The Paint Spot said, “I’m happy I have a judgment. But he [Trump] hasn’t paid yet.”

“You know how he says he’ll surround himself with the greatest people if he is president? In this case, he might not be surrounded by the right people.”

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Would-be lawyer won't have $260K in student loans erased; SCOTUS refuses to hear appeal

The U.S. Supreme Court refused Monday to hear an appeal by a would-be lawyer who has been seeking to discharge more than $260,000 in business and law school debt in bankruptcy.

Mark Tetzlaff, 57, graduated from Florida Coastal School of Law, but has repeatedly failed the bar exam. He said in papers filed in his Chapter 7 case that he could not repay due to alcoholism, depression and a criminal record that have blocked him from getting employment, the Wall Street Journal (sub. req.) reports.

He lives in Wisconsin with his mother, who supports the household with her Social Security payments. He filed the bankruptcy case in that state in 2012.

The refusal of SCOTUS to hear the case leaves in place an arguable circuit split between federal appeals courts concerning the proper standard to be applied to determine whether the requisite “undue hardship” exists when a debtor seeks to discharge student loans.

For federal courts overseeing Tetzlaff’s bankruptcy case, including the Chicago-based 7th U.S. Court of Appeals, his failure to make loan payments over an extended period appears to have played a significant role in determining that he does not qualify to have these student loans erased, according to Above the Law and the WSJ article.

However, if a more lenient test used by the St. Louis-based 8th U.S. Circuit Court of Appeals had been applied to Tetzlaff’s case, the result might have been different, his appeal contended.

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Can Alimony be garnished in the State of Florida?

There is no statutory exemption of alimony or child support receipts. However, Florida courts have not allowed judgment creditors to garnish the debtor’s alimony payments. Garnishment is permitted only where the garnishee (alimony payer) and the debtor have a debtor-creditor relationship. A Florida court many years ago held that alimony was not a “debt” in the traditional sense, and that alimony therefor could not be subject to garnishment. The court also held that public policy prohibited the garnishment of alimony from one ex-spouse to the other. No court has disagreed. The same court also found that alimony is not a form of wages which could be exempt under Florida’s protection of head-of-household earnings.

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What is a Judgment Lien????

How Is a Judgment Lien Created?

A judgment lien can be imposed on your property only after somebody sues you and wins a money judgment against you. In most states, the judgment creditor (the person or company who won) must then record the judgment by filing it with the county or state. In a few states, a judgment entered against you by a court automatically creates a lien on the real estate you own in that county—that is, the judgment creditor doesn’t have to record the judgment to get the lien.

Types of Property Judgment Liens Can Attach To

Judgment liens on real estate. A judgment lien affects real estate you own in the county where the lien is recorded or the judgment is entered.

Judgment liens on personal property. In many states, a judgment lien also applies to your personal property (property other than real estate) for a period of time after the judgment, if certain judgment collection techniques are employed. However, judgment liens on personal property are generally ineffective, because most personal property has no title, and the liens are not recorded. This means that the personal property could easily be sold to a third party who has no idea that the lien existed.

Judgment liens on vehicles. A judgment creditor can also file a judgment with your state motor vehicles department to get a judgment lien on any car, truck, motorcycle, or other motor vehicle you own. You may not know about this type of lien unless you check with the motor vehicles department or the creditor files a proof of claim in your bankruptcy case, describing its interest as “secured.”

Judgment Liens Can Attach to Later Acquired Property

Typically, judgment liens that have been recorded in your county will attach to property that you acquire later. For example, a judgment may be recorded in your county land records office even if you don’t own any real estate. If you buy some real estate a few years later, you’ll discover that it is now burdened by that pesky old lien that was just sitting there, waiting for you to make a move. Most real estate liens expire after a certain number of years (seven to ten in most states), though they can typically be renewed.

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What Is a Confessed Judgment Promissory Note?

A confessed Judgment Promissory note is, when two parties are legally agreeing to the terms listed in the note. If the borrower does not abide by the repayment terms and defaults on the loan, the creditor has the right to a complaint in confession of judgment against the borrower. 
Basically, it's a clause in the promissory note, stating that if the borrower defaults on the loan, both parties agree that a Judgment in favor of the lender. should be entered by the court.

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How Judgments can impact credit

The credit reporting rules for judgments are different from the rules that would apply to the original debt. The Fair Credit Reporting Act (FCRA) states that judgments must be removed from credit reports after seven years from the date of entry "or until the governing statute of limitations has expired, whichever is the longer period."
 A judgment can hang over your head a long time. The statute of limitations for collecting a debt using a judgment varies by state, and varies a lot -- periods of five, 10 and 20 years are common. And it gets worse: Many states allow creditors to renew a judgment, and some allow multiple renewals. State requirements to renew also vary. You may need to consult a lawyer to see which statute applies to your judgment.
 However, the credit report damage may not linger as long as the judgment itself. Although the FCRA states that the judgment can be reported longer than seven years if the statute of limitations is longer, all three major credit reporting bureaus -- Equifax, Experian and TransUnion -- say they remove judgments from your credit report seven years from the date entered.
 Your credit will be affected by the judgment remaining on your credit report. FICO considers a judgment as a negative, whether it is paid or unpaid. However, the judgment will have less negative impact as it ages. A judgment that is now six years old, may not be affecting your credit as much as it did when it was first entered. More recent positive information included on your credit report will help to bump up your credit score.
You should also be concerned with when and how the creditor may use the judgment to collect the $5,000 debt. Some states allow judgment creditors to collect using wage garnishment. It appears your state allows a judgment to be renewed, so the creditor may have many more years to collect on the debt. If you are in a position now to make payments on the debt, you might consider contacting the creditor to see if you can work out payment arrangements on your terms. If you come to an agreement, get it in writing before making payments.
By paying the debt, the judgment will be satisfied and you will no longer have to worry about the creditor eventually using that judgment to collect the debt.

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Do Judgments accrue interest?

The answer is yes.... Just about every state allows the Judgment to collect interest on unpaid monetary Judgments. The interest rates varies state by state, as well as the calculation or new rates and accrue from the date that the Judgment is entered.
So if you have a Judgment that has not been satisfies, it's worth more now, than we the Judgment was entered. If you are not able to enforce and collect on your Judgment, consider consulting with a Judgment Recovery firm like, Sigma Recovery Group. Whether your Judgment was awarded in Florida or another state or if the debtor has relocated to another state than where the Judgment was obtain, all it not lost. The Judgment Specialists at Sigma Recovery Group are keen on locating debtors and their assets. Once both are located, the enforcement can begin, while you just sit back.

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