collecting on a judgment

[qlty1elect]

I have gone through small claims and received a judgment against a person I did a job for and refused to pay the balance of the agreed amount. I won in court hands down even his counter suit. I was awarded the amount in full plus any cost and also interest. what is my next step. Actualy I need to garnish his bank account. He is retired but owns differant properties. Of which one of that I did the work. I know the bank and branch he banks at but I don't have his account no. .If I request information about his assets through the court, wont this tip him off and he would just empty his account. I have been trying on line to find any forms I need and have had no luck.

 

[dee_dub]

There's always the danger he could hide his assets. Real property is difficult to hide - worst case scenario, if he empties all his accounts, you can still register your judgment against his real property.

Your small claims court probably has some mechanism for examination of the debtor - a payment hearing, or something similar, where you get to ask him questions about his assets and income. If he DOES empty his bank accounts, you are entitled to ask what used to be in there, where it went, etc.

 

[Theresagail]

When you fill out the garnishment papers they are to look @ all accounts listed to the debtor-- ( do you have his SS#?) if so it does not matter if you know his account number the most important is his name address DOB and SS# they will cross refrence the SS# to all accounts he has @ that bank and hold the funds

 

[jharris352]

There is usually a way to send the defendant interrogatories (a 3 dollar legal word for questions) to find out where his assets are. But you already know that. Go get the judgment, and a garnishment and serve it on his bank. They will freeze any assets of his that they have, verify the judgment with their legal staff, and if there is no Traverse filed (he has so many days to challenge the garnishment), then they will pay you off.