As a lawyer, default judgment for sure, but no one is sending out bounty hunters for small claims court. In fact, the courts tend to not get involved at all. You, the plaintiff, would be given the means to prove the judgment has been entered, but then it's kind of up to you to have it enforced. Luckily, you can generally count on the assistance of a Sheriff's office, but often the approach is some sort of wage garnishment (with a number of restrictions), bank levy (also with a number of restrictions), or real estate liens.
Collecting on these sort of judgments can be difficult, time consuming, and frustrating.
Is $2900 even eligible for small claims? Seems like marginally yes, depending on the state. Looks like the photographer is based out of CA and their limit is $7500. FL is $5000. WA is $10,000. Go figure.
> Collecting on these sort of judgments can be difficult, time consuming, and frustrating.
Definitely, and it's quite possible at the end of the day the fraudster doesn't have significant assets to recover. Still, might be worth trying it for $2900 or more, depending on how you value your time.
Wouldn't a default judgement show up when they try to rent something or buy something on credit? I mean if nothing else, at least their life would be a little less comfortable.
In the EU, it's now acceptable to file small claims cases in your home country even if the other party is located in another EU country. Most of the work is done via letter and if it gets to a hearing, it will be based on the evidence submitted by both parties.
Most cases are clear cut so the ruling is straightforward. Doesn't mean you'll actually get compensated. However, you can apply to get it enforced by a sheriff I believe.
