Need some garnishment advice

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mpmjason

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Hey guys, found this site on Google...very informative- great site!
I'm in a dilemma somewhat. So here goes my story.
I won a lawsuit, where the defendant had to return my property, and if he didn't comply, he would have to pay me back the total $$$ of the property.
He refused, and now his wages are being garnished...... His employer has been pretty much sending the checks whenever they feel like it also. :rolleyes:
Well, now it's been 6 weeks since the court has recieved a check from the employer, so I call his payroll dept. up, and the lady tells me that she doesn't know why they haven't sent any checks off lately, and she will call me back when she finds out......this is the same lady who has been cutting his check the whole time, and she's trying to play dumb.
He still works there too, btw.
So, what should I do? Anyone have any experience with garnishment's? I don't know the next step.
The judge told me that if the employer does not follow the court ordered garnishment, that THEY will have to pay the court the owed amount/balance (in total), and have to deal with the defendant paying THEM back......how can I proceed to this step, if needed?

thanks guys :)
 
an update:
She called me back this evening, and she claims that she just found out he QUIT a few weeks ago.
CRAP!
Now I have to go back to not only get a lawyer, but go back to court!
Any more advice guys?......the judge told me that if he tried anything tricky, the court would make him pay up, no matter what. He told me there is a way to make him sell or auction his posessions off, to pay off his debt to me.

btw, another dilemma: I dont have his address. All i ever had was his employers name and address. The sheriffs who served him, never copied his license info/address/social security# down for the case documents......any legal way for me to obtain his address? Can his employer, legally tell me? How bout the sheriff's dept, can they tell me? Or do I need to do some detective work?
 
you could serve a subpoena duces tecum on the employer and get all the information they have on him as well as their payroll records. That will show any discrepancy between what they should have withheld and what they did. They also may have his current address and/or phone number. That aside, you might considered enlisting the help of a PI on a no find/no fee basis. Or you could assign it to a collection agency. Just depends on what kind of time and/or money you want to put into it.
 
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