Registering a Foreign Judgement/Finding an Address

CatCrap

New Member
Jurisdiction
Wisconsin
The jurisdiction for this is actually both Milwaukee, WI Milwaukee County, and Chicago Illinois, Cook County.

I won a small claims judgement against an ex friend. She has completely ignored me and all court proceedings. I do not have a phone number for her, i have an email address, but she doesn't respond to me. Shortly before the last court date, where i was assigned judgement in my favor of the full amount plus some of the court costs, she moved to chicago. We lived in milwaukee, WI. I still live here, and as such the judgement is in Milwaukee WI circuit court. So, in order to garnish her wages, i need the judgement to be in the area where she is employed so i need to register my judgement in illinois, in cook county, in order to garnish her wages. I believe, for the register a foreign judgement form(because the judgement is assigned here in WI, and she lives and works in Illinois), i need her address. I do not have her current address, only the last known address here in milwaukee. I believe she moved in with a guy who lives in Chicago. I do know, For sure, where she works, in chicago. My attorney friend tried doing some searches using software he has, i believe called accurint. He tried 3 searches with her name and SS number, but wasn't able to find anything, which tells us she is not living on her own, no lease or utility bills etc in her name. We were able to find the address of the guy she, I'm about 90% sure, is living with. Can i use this address for her? How do i go about getting her address? Can the court compel the employer to provide it? Do i need to have her current address to garnish her wages? I would have to believe that she would provide her current address to her employer. I have sent some certified mail to the last known address, and it appears to have been delivered. I do not know if she has mail forwarding to her new address. As i said, i know 100% for sure where she works right now. I also believe she earns enough to qualify for garnishment, in that she makes enough that to be garnished would not put her below the poverty line. If she were to return the Financial Disclosure agreement i would know for sure, but i do not know if she has received it, and if she did receive it, i would expect that she would ignore it and not fill it out.

I've been really patient, and had to go to the courthouse about ten times so far. Currently, i have sent the Financial Disclosure statement to her last known address. Court informed me that if it is not returned i can file for contempt. Then she would be in contempt of court, and a warrant would be issued for her arrest. IF she had police contact, they would put her in jail UNTIL she filled out the financial disclosure statement. However, i know that many people go a long time without police contact. So, I will do that, but it may not get me any closer to starting to recover this money. It has been a long process, and i really want to get it over with and put it all behind me. I could hire an attorney, but the cost of that attorney may cost more than my judgement is worth. I've already paid 600 total in court fees. What is my best course of action to pursue this garnishment and start to recover the money? Also, i want to proceed as soon as possible, because if she leaves this employer, i'll have almost no way of finding her or her next employer, so my best chance to get this money back is to proceed ASAP.

Thanks any and everyone for your responses, it is greatly greatly appreciated.
 
What is my best course of action to pursue this garnishment and start to recover the money?


One sure fire way to get ALL of the $5,000 you're owed is contact Judge Judy, Judge Mathis, The People's Court, or most any other TV court program.

If they accept your case, you'll get airline tickets to the city where the show is recorded, hotel expenses, meal expense, pocket money, airport transportation, airport parking, ALL the money you suing for (if you prevail again), even $100 allowance to buy clothing for TV.

An appearance pool is set up, in your case it'll be about $6,500 to $7,000, and you and the defendant split what is left after your five large is paid out.

You'll be paid after the show, which is why the People's Court commentator says "you must sign some papers".

Anything other than a TV court show will be futile.

A small claim judgment is almost useless if your defendant is in the same state.

Your state publishes a helpful guide on small claims lawsuits and judgments.
Read it if you wish:

Wisconsin Court System - self-help law center - small claims

If a crafty defendant is slick enough to abscond to another state, as in your instant example of a WI judgment against an IL resident in IL, it becomes useless.

According to WI law, a small claims lawsuit can't exceed $5,000.

A plaintiff receives a little satisfaction in prevailing in a small claims lawsuit, but reaps far greater dissatisfaction in being unable to satisfy the judgment.

You've often spent $100, maybe $200 filing a small claims lawsuit and serving your target.

You've lost a day, or half day in wages prosecuting your case, and you're holding a worthless SomeoneOwesU judgment.

You've already dropped over 1/10 of the judgment's value in a futile attempt to collect your five large.

As lawyer, I'll tell you what I've told countless clients, let it go.

Unless she takes up residence in WI, you'll never receive one dime of the five large.

Even if she returns to WI, she'll probably be a deadbeat living off the grid anyway.

She'll be stopped for a traffic violation in Chicago, they'll run her name, but no way will she be arrested in major population center for a civil contempt warrant, either.

My dad told me when I was about 12 years old, "Son, don't ever loan anyone a dollar. If you do, don't chase them to get the dollar back. Think of that weasel as someone who sold themselves to you for the buck. If you ever see them, just laugh inside and say, that's one of my indentured serfs."

Use this as an advanced course in personal finance, and if anyone ever asks to borrow money, you say, "Sorry, I'm not a bank."

Then change the subject, or walk away. When it comes to personal loans, very few people ever repay those debts.
 
Also, i want to proceed as soon as possible, because if she leaves this employer, i'll have almost no way of finding her or her next employer, so my best chance to get this money back is to proceed ASAP.

Well, that's not going to happen. She is successfully avoiding you. If you can't locate her, you're dead in the water.

I had plenty of uncollectible judgments when I was a landlord.

You might have to resign yourself to never collecting like I had to do.

That $600 you spent was throwing good money after bad.
 
Can i use this address for her?

You obviously had/have an address where you served papers in connection with the lawsuit. Why not use that address (i.e., the last known address)?

How do i go about getting her address?

There are innumerable private investigators and online services.

Can the court compel the employer to provide it?

The Wisconsin court has no jurisdiction over an employer in Illinois.

Do i need to have her current address to garnish her wages?

Probably not.

I have sent some certified mail to the last known address, and it appears to have been delivered.

So...why do you think she's not there anymore?

I do not know if she has mail forwarding to her new address.

Why not find out?
 
I won a case like this many years ago but it was an exception to the rule (which is why we took the case... and also because we inherited it from another law firm that didn't exactly do a great job of screening!)

You didn't mention whether this judgment is a default judgment in the state within which you are in. I'm assuming it's a default judgment since you said she ignored you. I mentioned this only because she can make even filing (or "perfecting") a judgment in a foreign state a pain by challenging the validity of your judgment. I'm not saying that you can't ultimately defeat it but she could draw things out. I won't go into detail but suffice it to say that she may force you to jump another hurdle but eventually you'll get there... and have to request costs of enforcement which add up. I think that @adjusterjack tells you as it is from experience.

What @army judge suggests isn't as crazy as it seems. I originally met the Honorable Edward Koch and former mayor of New York City on the People's Court. A small firm with which I was working actually processed a case through them since the court guaranteed to pay the judgment if the defendant lost... which she did, of course, having little to say except glad to walk out of court with their judgment paid.
 
I loved Mayor Koch's amiable, King Solomon style from the bench, and when he was Mayor.

He's a smart, likable person.
 
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