KY- Wage garnishment, bank lien?

[N. Jones]

Jurisdiction

Kentucky

I hope this is the right forum for this question:


I am needing help filling out a wage garnishment form for the defendant of a small claims court case. Long story short I paid an amount for a vehicle, the person who sold it didn't have legal ownership or ability to sell the car, now he has to give me my money back and he gets his car back. The defendant has completely blocked any forms of communication from me, I have sent an asset discovery form and he filled out that he has no assets, no bank account, no money, etc. I have done research on the defendant and believe he works at a hospital as a nurse and even referenced his patients during the initial meetup to buy the car.

The car is currently sitting in my drive way and I'm anxious to get this matter resolved.


The case occurred in Kentucky, I have won the case and was ordered to have my money back and need to do whatever I can to get my money and get this car back to its owner. I have a wage garnishment form, how do I fill it out?

 

[Zigner]

I hope this is the right forum for this question:


I am needing help filling out a wage garnishment form for the defendant of a small claims court case. Long story short I paid an amount for a vehicle, the person who sold it didn't have legal ownership or ability to sell the car, now he has to give me my money back and he gets his car back. The defendant has completely blocked any forms of communication from me, I have sent an asset discovery form and he filled out that he has no assets, no bank account, no money, etc. I have done research on the defendant and believe he works at a hospital as a nurse and even referenced his patients during the initial meetup to buy the car.

The car is currently sitting in my drive way and I'm anxious to get this matter resolved.


The case occurred in Kentucky, I have won the case and was ordered to have my money back and need to do whatever I can to get my money and get this car back to its owner. I have a wage garnishment form, how do I fill it out?

Specific instructions for filling out a wage garnishment form exceed the scope of this (or any) internet forum. If you cannot fill out the form on your own, then you should seek the assistance of an attorney.

 

[adjusterjack]

I have a wage garnishment form, how do I fill it out?

Upload a copy or provide a link to it. I'm not finding one on the court website.

 

[N. Jones]

Upload a copy or provide a link to it. I'm not finding one on the court website.

Yes, I have posted a Scribd link below. The form is 6 pages and is joined at the top. The format seems to be one of those formats that when you sign the top page, it writes on all pages beneath it. I'm confused on terminology like who the "debtor" is and which page goes to the defendants employer.

I seem to be unable to post a link in my reply so if you go to "scribd.com" and then add "/document/489020568/Wage-Garnishment-Form" at the end you will get to it.

 

[adjusterjack]

https://www.scribd.com/document/489020568/Wage-Garnishment-Form

Please understand that I am not an attorney and whatever you do based on my helpful 2 cents worth you do at your own risk.

Print out all the forms.

Start with the Affidavit For Order Of Wage Garnishment. Fill in the Case No, Court, County, the judgment debtor (defendant) name and address, the judgment creditor (your name, pro se), the items directly below, creditor's attorney (none), garnishee (employer) name and address, attn owner or corp exec if you know. If you don't know, look up the company's registered agent in your state's corporate or business records and make it care of the registered agent. You are the affiant at the bottom and you'll need a notary.

Since you don't have an attorney, any amounts paid by the employer will be paid to the court and held for 15 days to allow the debtor to challenge the garnishment and/or claim any exemptions.

It's customary to prepare other forms for the judge's signature.

Next up is the Order of Wage Garnishment. Fill in the same information that you did on the other form.

If you obtained this packet from the court there may be information on the reverse of the form that you'll need to read. If it's blank, you'll find out when you file it if you missed anything.

Last up is the Notice of Rights To Assert Exemption To Wage Garnishment. Fill in the same information that you did on the other forms.

You appear to have obtained those forms from a third party site. The AOC-150 does not appear on the court's forms list:

Legal Forms - Kentucky Court of Justice

Before you use the ones you have, check with the court for a Wage Garnishment forms packet in case there is an update or additional information that you need to know.

If not, then use the forms you have. Attach the Order and Notice to your Affidavit. Make 4 sets. One for you and 3 for the court. The court might not require 3 but better safe than sorry. Ask the clerk to date stamp your own copy so you have your own record of when it was filed.

From there, you are on your own.

 

[Tax Counsel]

You appear to have obtained those forms from a third party site. The AOC-150 does not appear on the court's forms list:

Right, because that form set is rather old and outdated.

To the OP: We cannot give specific legal advice here. Doing so if one is not licensed in Kentucky is illegal, that's the unauthorized practice of law. I don't entirely agree with Jack's advice, but as I cannot tell you exactly what to do, I suggest you consult a Kentucky lawyer for that exact advice. I can tell you that the forms set you got from that link is over 11 years old and not current. You'll need to get current forms at the very least.