• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wage Garnishment

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? Illinois

Does anyone know what happens when a person is ordered to pay a judgment in small claims, but doesn't, and also proves they don't make enough to allow for wage garnishment?

I'm thinking of taking someone to small claims. I'm pretty sure I can win, but I know this person doesn't currently make enough for wage garnishment. You never know what the future holds, but I also think there's a possibility she could file for bankruptcy over this judgment and other debts.

I don't want to waste time and money on filing and going to court just to never be able to collect. Any advice?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Illinois

Does anyone know what happens when a person is ordered to pay a judgment in small claims, but doesn't, and also proves they don't make enough to allow for wage garnishment?

I'm thinking of taking someone to small claims. I'm pretty sure I can win, but I know this person doesn't currently make enough for wage garnishment. You never know what the future holds, but I also think there's a possibility she could file for bankruptcy over this judgment and other debts.

I don't want to waste time and money on filing and going to court just to never be able to collect. Any advice?

The debtor may not always be in the same financial position as they are now. Judgements last for a very long time.
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? Illinois

Does anyone know what happens when a person is ordered to pay a judgment in small claims, but doesn't, and also proves they don't make enough to allow for wage garnishment?

I'm thinking of taking someone to small claims. I'm pretty sure I can win, but I know this person doesn't currently make enough for wage garnishment. You never know what the future holds, but I also think there's a possibility she could file for bankruptcy over this judgment and other debts.

I don't want to waste time and money on filing and going to court just to never be able to collect. Any advice?
Unfortunately you're in a tough situation. You could of course obtain a judgment but enforcing it might be nigh on impossible...at the moment. As unfair as it seems it probably is able to be discharged through bankruptcy.

Then again you can still try.
 
The debtor may not always be in the same financial position as they are now. Judgements last for a very long time.
I know what this person makes right now, but I have no way of finding out if/when she switches to a better job and has garnishable wages. Assuming I get the judgment, would I just keep filing for wage garnishment once a year or so? Of course if/when she moves I'll have to track her address again.
 

Proserpina

Senior Member
I know what this person makes right now, but I have no way of finding out if/when she switches to a better job and has garnishable wages. Assuming I get the judgment, would I just keep filing for wage garnishment once a year or so? Of course if/when she moves I'll have to track her address again.
Garnishing her bank account or tax refund might be easier.
 

Antigone*

Senior Member
Garnishing her bank account or tax refund might be easier.
Doggie,

You have to be God, ok maybe not God, but the IRS or another government agency to get a hold of the tax refund;)


...but they could certainly get a hold of the refund once it has been deposited into the bank account.
 

Proserpina

Senior Member
Doggie,

You have to be God, ok maybe not God, but the IRS or another government agency to get a hold of the tax refund;)


...but they could certainly get a hold of the refund once it has been deposited into the bank account.
Woops! I did it again ;)

(no, I don't mean "channeled Britney Spears" lol)

Sorry Op!
 
Woops! I did it again ;)

(no, I don't mean "channeled Britney Spears" lol)

Sorry Op!
Ok, thanks.

One final question. Based on a prior check I've received from her, she has a joint bank account. Can joint accounts be frozen, considering the other person doesn't owe me money? I'll try the IRS thing but it'll probably only be a small portion of what's owed, if it works.
 

Antigone*

Senior Member
Ok, thanks.

One final question. Based on a prior check I've received from her, she has a joint bank account. Can joint accounts be frozen, considering the other person doesn't owe me money? I'll try the IRS thing but it'll probably only be a small portion of what's owed, if it works.
The "IRS thing" won't work. You can levy a joint account though.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top