Police fines or loan contract--which comes first?

[amonduul]

I loaned a guy a couple thousand dollars. He was to pay back with interest in six months & we have a signed, notarized contract outlining this agreement. In the meantime between the time I loaned him money, and the contract came due, his perfect citizen status (no brushes with the law, that is) went to a felony and two misdemeanors. He defaulted on the loan several months ago. I filed a small claims & won (I have yet to process the writ of garnishment finale).

He wound up having to pay $6,000 in fines and court fees, but now an attorney is trying to tell me that I was first in line and should have been considered to be paid before the police and courts were to collect their money. I have tried to verify this as fact as per Oregon law, and feel I don't need to hire an attorney to bring this law to light. It's just that...I have to go through the COURTS to get them to pay me off first!

[Genenco]

I loaned a guy a couple thousand dollars. He was to pay back with interest in six months & we have a signed, notarized contract outlining this agreement. In the meantime between the time I loaned him money, and the contract came due, his perfect citizen status (no brushes with the law, that is) went to a felony and two misdemeanors. He defaulted on the loan several months ago. I filed a small claims & won (I have yet to process the writ of garnishment finale).

He wound up having to pay $6,000 in fines and court fees, but now an attorney is trying to tell me that I was first in line and should have been considered to be paid before the police and courts were to collect their money. I have tried to verify this as fact as per Oregon law, and feel I don't need to hire an attorney to bring this law to light. It's just that...I have to go through the COURTS to get them to pay me off first!

Well, depending on your financial health, you might be better off to take the loss through the IRS and thus, "Get it back" through another agency.

Not belaying the fack this friend is a bad penny now, but they may just be in a mood of "$%&#$^#$%^ everyone" and won't pay back half or any of what they owe to you and others.

[StaciMM]

Do you mean that the court system started garnishing him before you got the paperwork filed to start a garnishment? With the exception of IRS & child support, I think its first come, first served.