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Way to get money owed

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sarahbeth28

Junior Member
What is the name of your state? WI
I had taken someone to court who owed me money for daycare that I provided for thier child. And I had started to garnish paychecks for her and her husband but everytime I find out where they work they quit and get new employment. Is there any easier way then trying to hunt them down each time they quit? I have been told to try hiring a private investigator but they are too pricey. Is there another way to get my money? They still owe over $2,000. I read another thread that said something about taking one of their cars to sell for the money owed and wondered if I had any options like this. Thanks for your replies.

Sarah
 


BelizeBreeze

Senior Member
Since you already have the judgement (I would assume since you were allowed to garnish) then file for a lien against their auto, home or the plaid pair of boxers they wear.
 

sarahbeth28

Junior Member
I know when I was awarded judgement that I paid a fee for a lein on thier property (if they ever own any but don't recall if it included cars and such). But it that the same thing? I thought it was but since then they have bought many different vehicles and assume sold the others. Is there anyway to find out if they have anything that has a lein on it (from my lein)? Thanks again! I am just trying to find a way to collect what is owed to me. Just a question: If I put a lein on something what good does that really do me? I don't get anything from it unles they try to sell it or sell it, right?

Sarah
 
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dcatz

Senior Member
The lien on property that you seem to be describing sounds like a lien on real property. If so, I hope that you properly recorded it, or it will have no effect.

A lien on real property doesn't cover personal property (like a car) and vice versa. You can file a lien on personal property (the car) and it's usually filed with the Secretary of State (haven't checked for your state - look at your SofS web site for more information and perhaps forms). The problem is that a Judgment Lien on Personal Property is not very effective. It doesn't give adequate notice. Good title to a car could pass without either buyer or seller being aware of the lien.

There are better ways, including:
1. Subpoena records of past employers, specifically the front and back of payment checks. Learn where the debtors bank and do a levy.

2. Sounds like they're independent contractors, rather than empoyees (if they move around that much). If so, and you know where they're working now, get an "assignment order" from the Court. This requires the debtor of a debtor (i.e. the employer) to pay you directly. Skip the wage garnishment unless you know they're legally employees.

3. Order both of them into Court for an asset exam or judgment debtor exam or whatever it's called in your state. If they appear, ask the Court for a "turn-over order". Translation: empty your pockets, wallet and purse right now, right here. See what you get. P.S. - with a turn-over order, you can normally seize personal items of a value in excess of your judgment - watches, rings etc. - with a right to sell them to satisfy the judgment, but you can also force a payment arrangment to get them returned.

Check your state's judgment enforcement statutes to determine all your rights. The foregoing remedies aren't ones that creditors normally use (especially "2" and "3"), because they don't realize they exist, but they do in almost every state.
 

ACABThomas

Junior Member
What about in NH?

I won a small claim suit in NH, but the defendant has not paid. I had him served Orders of Notice and we have a hearing this week for the judge to decide if he should pay a lump sum or in installments.
Based on past history, I fully expect the defendant to not pay the claim. From what I've read on the NH court website (http://www.courts.state.nh.us/district/claims.htm), the next step would be to file a civil arrest warrant. The site does not mention liens at all.
Assuming he does not pay, is an arrest warrant my only, and best, option? Are there other ideas or avenues that I should pursue in order to collect from him?
 

dcatz

Senior Member
Start your own thread, rather than jumping into one that "sounds like" your situation.

At the same time, I'd suggest using the "search function" on the site for "debtor exams", "asset exams" and the like. You may answer your questions without re-posting. They're largely ineffective for reasons that have been explained several times before. Get your asset data other ways.

If you provide more information about your own situation, it may be easier to suggest better alternatives. t's important to know if the debtor owns a business (and a "keeper" or "till tap" is available), or if he's self-employed but itinerant, like in the original thread, and if he's married and there is a basis for reaching spousal assets (even in non-community states). There may be a dozen remedies - the average creditor thinks in terms of three: bank levy, wage garnishment and real property Abstract. Check with your local police and see if they effect a "body attachment" (arrest) for a civil warrant (the vast majority don't) and you'll know how useful that is.
 
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