First attempt at getting Garnishment Failed

[free1ancer]

My jurisdiction is: Gunnison County, Colorado

First attempt at getting Garnishment Failed;

Small Claims Court case: I'm a freelance graphic designer who created custom artwork for labels and packaging for small brewery. The brewery owner (let's say John Doe for reference) kept promising to pay for the work and never did. The work totaling $2271 between two invoices. I took John to small claims court April 24, 2008 and won the judgment against him 'personally'.

Since then the brewery has moved out of the building it was renting and John Doe doesn't have the business running. I have spoke with him once only just before the trial he said he didn't have any money and he was going to sell off the brewery's equipment in which he would be able to pay me. He also said that he had all the real estate he owns on the market for sale and if anything sold he would be able to pay me. He lives in a 1.6 million dollar house and has two parcels of land one b/c of it's location is probably worth more than the other.

Side Note: Things I know about John Doe. He has sold off brewery equipment to other local business owners. He lives in a 1.6 million dollar home in a ski resort town. His wife drives a $50,000 SUV and looks like she's had some work done on her. John doesn't work, beyond coaching the high school basketball team. John is retired from years working at Sprint in Texas. He lives a posh life.

I have filed a Motion and Order for Interrogatories in which John did not fill out the form in the 10 days time period. Two weeks later I file an Order and Citation for Contempt which the judge granted and set a court date. Then a couple weeks later John sent me the Interrogatories filed out. I canceled the court date for the Citation for Contempt.

In the Interrogatories John lists four bank accounts at one local bank and his three properties. No job.

I file a Writ of Garnishment to the bank with the four accounts. I just got back the form from the bank saying 'No Funds Available'. (How can this be? Can he just transfer his money into his wife's accounts?)

Where do I go from here? I know I'm being "played" by John.
Thank you for your help!!

 

[Gail_in_Georgia]

It may be time to discuss (with an attorney) whether "John" can be brought up on perjury charges in regards to these empty bank accounts, whether you can file against any property he owns and whether any assets in the wife's name can be gone after.

The problem with interrogatories in cases like these is that it often alerts folks like "John" to do exactly what he's likely done; move funds out of these accounts. These accounts would not be frozen until the banks are actually served with the Writ of Garnishment.

 

[free1ancer]

What about a credit report check?

I had a friend ask if I've done a credit report or background check on 'John'. I have not done this. I do have his SS# and Drivers License number from the Interrogatories form. Is a credit report or background check something I should do first to check and see exactly what assets 'John' has?

 

[Theresagail]

John did not lie- he has those accounts just no $$ in them, other wise they would have stated account closed. You need to call thoses banks and verify funds in the accounts before you garnish them ( Hi I am blah Blah-- I need to verify funds in a checking account )--- a credit check is not going to tell you if he has $$ in his checking accounts--

 

[free1ancer]

I just called the bank that 'John' has four open accounts with and they said they can not tell me the balance of funds in those accounts. They can only look at those accounts when a Writ of Garnishment is delivered.

Which sounds right to me - can you image if someone took a check of yours called your bank and wanted to know how much money was in your account....

As for the credit check - I'm just curious what other assets 'John' has. I feel like someone of his wealth might be hiding something besides what he listed on the interrogatories. I know the balance will not show but if he has other bank accounts that he did not list on the interrogatories. Then I would have something to work with. I could be completely wrong, too, maybe John is honest under oath... It just seemed like a cheap easy thing to do that might help my cause??

 

[Theresagail]

If someone wrote me a check for 2000.00 You better bet I am gonna call and verify those funds are avail-- and yes you can do this-- you must not have the account numbers?

 

[Theresagail]

P/S you dont ask how much is in his account-- You ask if a check for $ 400.00 will clear---

 

[free1ancer]

I might try your suggestion but I'm concerned that I'm not sure which accounts are "checking" accounts and there are four account numbers to pick from. I don't want to sound like an identity thief.

* THE QUESTION I STILL HAVE is can I legally order a credit report from an online credit company to confirm what 'John' put on the Interrogatories? Or is this stepping beyond my legal rights in collecting this judgment?