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awarded judgement now defendant has lost his job-help?

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Been Had

Junior Member
Hello, I reside in the state of Missouri.

I just recently appeared in civil court and was awarded judgment, the judgment will be final on December 30, 2007. I had planned to garnish the defendant's work wages next week. However, the defendant phoned last night to inform me he had lost his job on December 18, 2007.

I am not sure what to do now, i am hoping someone might be able to advise me about Missouri law and if I have the right to garnish his bank account? Am I able to collect any or all funds in the account? Can unemployment be collected? Also, he mentioned he was in the process of getting his 401K and I am thinking it may be deposited into his bank account as well. Can his 401K be attached to the garnishment?

I really appreciate any and all information/options anyone might be able to give.

I am not sure if i have the right to go take back the computer system (with help of police) that is in my name and on my account, since there has now been a suit filed and judgment made. I know i cannot afford to make any more payments for him, I have made the last 5 payments and it doesn't bother the defendant one bit.

Thank you for your time,
Sincerely,
Been Had
 


justalayman

Senior Member
as you have found, winning a judgement does not automatically mean you will get your money.

Here is a link for some good advice on how to file garnishments on bank accounts.

http://www.mobar.org/031c3dd8-17fe-4e3d-a0e3-f1e19a7df3b9.aspx

(way down towards the bottom)



I am not sure if i have the right to go take back the computer system (with help of police) that is in my name and on my account,
this should have been addressed in the suit.
If you recieved a judgement for the value of the computer, I would suggest the defendent is considered to be the owner of the computer.

since there has now been a suit filed and judgment made. I know i cannot afford to make any more payments for him,
You aren't making payments for him, you are making payments for you. The judgement would be intended to reimburse youfor those payments.
I have made the last 5 payments and it doesn't bother the defendant one bit.
Wouldn't bother me either if you had a judgment against me for the debt. That makes the payments your responsibility, not mine. All I would owe you was whatever it took to pay off the judgement.
 

dcatz

Senior Member
And no on unemployment and no on the 401K until it becomes cash in his hand (or his bank account).
 

lizjimbo

Member
Can't squeeze water out of a rock

Any bank account garishment would last one garnishment as a savy person would stop depositing money into the account. Have the court perfect the judgement in other ways...such as attach any property he may have.
 

dcatz

Senior Member
Any bank account garishment would last one garnishment as a savy person would stop depositing money into the account.
Actually, while I suspect that the OP is now long gone, my record is four successful levies (garnishments) on a bank account before it was closed. And that was a commercial account, and one might expect the business to be reasonably savvy.

The OP didn’t give us enough information about the nature of the claim leading to judgment to make any productive alternative suggestions but, interestingly, if justalayman is correct and the computer system is now considered the property of the judgment debtor by virtue of the ruling, it is subject to a “seize and sell”, and the OP even might be able to buy it back for peanuts.
 

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