How to collect on a Judgement!

[Gains238]

I won a small claims judgement against this scam body shop place that really screwed up my car, but they are not paying. They are still operating even though they do such crappy work and they are still making money. I won this judgement in March and have filled a writ of execution against the guy but the Sherrifs office says that their are two more people in front of me. I KNOW this guy is making money because everytime I drive by I see cars getting work done on them. The thing is, he is not paying anyone So, how do I collect on a writ of garnisment? This guy is so "dumb" that he did not even come to the small claims hearing or even file an answer with the clerk, resulting in a defualt judgement against him. So, how do I do the writ of garnisment? Thanks.

L.E.

 

[Michael Wechsler]

I won a small claims judgement against this scam body shop place that really screwed up my car, but they are not paying. They are still operating even though they do such crappy work and they are still making money. I won this judgement in March and have filled a writ of execution against the guy but the Sherrifs office says that their are two more people in front of me. I KNOW this guy is making money because everytime I drive by I see cars getting work done on them. The thing is, he is not paying anyone So, how do I collect on a writ of garnisment? This guy is so "dumb" that he did not even come to the small claims hearing or even file an answer with the clerk, resulting in a defualt judgement against him. So, how do I do the writ of garnisment? Thanks.

L.E.

This is the worst part about small claims court and a prime reason why this site was created. The law has made it difficult to enforce judgments or find out information where money may exist.

You should try to find out if he has money in the bank. Get a list of banks in the area you think he may bank. Go to the clerk of the court and tell them you want them to issue an information subpoena with restraining order. That can freeze his bank accounts. If you are trying to obtain garnishment you will need to do the same.

Note, you may need to send him a notice after receiving judgment for a demand to pay. You may want to send it certified return receipt mail. If he doesn't pay within 30 days then do what you have to do. I'm sorry but it really isn't as easy as it should be. Hopefully we can help you with that process.