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judgment

Discussion in 'Alternative Dispute Resolution' started by Alicia, May 29, 2002.

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  1. Alicia

    Alicia Law Topic Starter New Member

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    Guidance on the collection of a judgment.

    I have a judgment from Civil Court of which I am trying to collect and have recorded on the individuals credit file, unfortunately, I have not been successful. Following is a list of questions I have, or if there is any other guidance you can provide, I would greatly appreciate it.

    - Individual moved from the address I originally filed judgment against, how do I get that address changed on the judgment?
    - Through subpoenas for information from the individuals employers, I discovered that this individual has two social security numbers of which he is actively using. Who should I report this to? I already advised the IRS.
    - Now that I have the judgment, how can I collect? He is self-employed and has no assets?
    - How do I get this judgment recorded against his social security numbers? I wrote to all the credit bureaus and provided them with copies of the judgment but they responded they couldn't modify the individuals personal credit information.
    - Since I received the judgment, I have not done anything with it besides acquiring the subpoenas for information. Is there anything else I should be doing?

    Any guidance you can provide would be greatly appreciated. I have the individuals current address although not his employers name for he is self-employed as an independent consultant therefore, I cannot garnish his wages. Although, I do have the name of his corporation. Is there any way I can tack onto that corporation and how can I get information on the corporation ?

    Thank you,

    Alicia
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    1) A restraining order is your best friend. A subpoena may alert the defendant that you have found an asset. You want to send an information subpoena with a restraining order.

    2) You can garnish the defendants' wages. You don't necessarily need to change the address of the defendant if it was his/her address at the time. It is merely a current or previous address. You have enough to provide sufficient information for garnishment or other purposes.

    3) File the judgments (creating a lien) with the County Clerk. They will tell you what you will have to do with regard to filing in the state so that a lien search will reveal that this individual has liens on him/her.
     

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