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Need Help Collecting a judgement

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regsmom

Junior Member
What is the name of your state (only U.S. law)? Kansas, but judgement is from Oklahoma

I won a small claims case against my ex boyfriend in Oct of 2007 for $6K plus costs and interest.
We agreed on a payment order which was signed by the judge and filed by the court.
The defendant was supposed to make monthly payments, but hasn't been doing so.

According to the Tulsa County Small Claims website, my options for collecting are pursing a garnishment from the employer or asking the court for an asset hearing.

The defendant is not employed, so I am not sure a garnishment would be of any help to me.

The defendant doesn't own any significant assets to my knowledge.
Another trip to Tulsa for a hearing that might not produce anything helpful doesn't seem too appealing.

The last straw would be hiring an attorney, but I don't want to throw good money after bad money.

This is a significant amount of money that I would really like to collect.
Are there any other options for me to collect this money?
What should I be doing - I just recently received the defendants new address as he has been avoiding me.
 


Zigner

Senior Member, Non-Attorney
If he doesn't have the money, doesn't have a job and has no assets, how do you expect to collect anything? :confused:
 

regsmom

Junior Member
It's not that he DOESN'T have money or a job.

He doesn't work a traditional job where he gets an actual paycheck (think cash only), so there wouldn't be a way to directly garnish his pay.

Per his own account, he just isn't responsible enough to send regular payments.
He voluntarily had his previous employer withhold the payments from his checks and send them directly to me, but he has since left that job and taken a less formal position.

He has funds - he just isn't sending them.
 

dcatz

Senior Member
OP – disclose as much or as little as you wish. If he is working but for himself and for cash, there may be possibilities but, the more complicated the enforcement methods, the less likely that you can do it on your own and from afar. It may involve means and investigative resources that you would have to acquire and learn to maximize. It may involve court appearances that you can’t readily make.

You already have 14 months of interest to use to pay for assistance, if you go that route, and it will continue to accrue. It will be easy to find a collection attorney willing to work on a contingent basis to recover a perfected judgment. Do yourself a favor and call a few. Pay for a consultation with one that sounds capable. Explain the situation and ask what methods he/she would use. If you feel that you can do the same yourself, try it and you’ve only paid for a consultation. You could find that it’s a good investment and one that leaves you the lion’s share of your judgment.

In OK, a judgment goes dormant if a writ is not issued within 5 years. You’re already down to less than 4. You need a plan. You’re right about the prospects for an asset exam, and the Small Claims site is only going to explain the most basic recovery tools.
 

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