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Cannot collect on a judgement

Discussion in 'Alternative Dispute Resolution' started by wabeasley, Jul 10, 2008.

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  1. wabeasley

    wabeasley Law Topic Starter New Member

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    I loaned money to a relative. She refused to pay it back, so I took her to court and won a judgement. I waited the appropriate time and filed a writ of garnishment and when it was returned it stated that she did not make enough money for me to garnish her wages. I believe her employer altered her pay record to show same. I need my money, please someone help me, I have bills to pay, and a child to support. I have tried calling legal aid but they don't answer the phone and when I leave a message no one calls back, I cannot afford an attorney. BTW I live in Kentucky if that makes a difference when it comes to the laws.

    PS: I am pretty sure she has gotten her stimulus check and her taxes back, so I know she just outright refuses to pay.
     
  2. wabeasley

    wabeasley Law Topic Starter New Member

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    Can no one offer any advise at all? I really need some help here.
     
  3. JohnMacek

    JohnMacek New Member

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    How sure are you that the debtor was making enough to have his/her wages attached?

    I would research your state law regarding the employer's liability for failure to withhold and wages to the levying officer, then send the employer a certified letter citing their possible liability, that you believe funds should have been withheld, and that you request to see the employment/payroll records of the debtor for the past three years. Their are under no legal obligation to provide any of the above without a subpoena, but you might scare them enough to do so voluntarily.
    Or, you could get a subpoena duces tecum, dig through all of the employee's payroll records and try to prove that funds should have been withheld, and then bring an action against the employer.
     
    wabeasley likes this.

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