garnishing pay

[aliabada]

hello,

i won a judgment in ny small claims court. i don't expect the debtor to pay me willingly so i need to look into garnishing his wages. however, he is an independent contractor. i know the company that pays him his 1099 income. can that compensation get garnished? does it matter if he's an employee or technically self-employed?

also, can anyone explain the procedure for garnishing wages? do i need to file any paperwork with the court or can i go straight to a NYC marshal or deputy sheriff? any reason to opt for a marshall over a sheriff, or vice versa? can anyone recommend a particular marshal?

this is all new for me and i'm confused about the proper procedures. i know i need to wait 30 days after the judgment to begin collection, but i'm certain the debtor won't pay me so i'm trying to figure out what action to take at the end of the 30 days. any legal advice or small court claims guidance you guys can provide me would be greatly appreciated!!!

 

[Michael Wechsler]

You need to first send a demand letter for payment (almost all require this). If you don't get paid, speak to the county clerk in the courthouse where you received your judgment. They will help you with the specific procedures necessary and approve documents, e.g. subpoenas, etc.

 

[aliabada]

Thanks. I sent him the demand letter, but I expect him to ignore it. So while I wait for the 30 days to lapse, I'm figuring out what I need to do next. I'll contact the court clerk. Thanks again.