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Small Claims Judgment

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Tipper

Junior Member
What is the name of your state? Alabama

I haved filed a claim against the owner of a business in small claims court and the notice of judgment is in favor of me the plantiff. I have not been paid by the defendant and now have the option of garnishment or execution against him. I don't know if as the owner of the company he actually receives wages. If I file a garnishment & he doesn't have wages can I then file for execution? Or am I only allowed one chance. I have contacted our small claims court and they give no information or clarification
 


seniorjudge

Senior Member
The best thing you can do is buy a book on collecting judgments in your state.

Also, Google alabama small claims judgment collection.
 

DUSTY

Junior Member
What is the name of your state? Alabama

I haved filed a claim against the owner of a business in small claims court and the notice of judgment is in favor of me the plantiff. I have not been paid by the defendant and now have the option of garnishment or execution against him. I don't know if as the owner of the company he actually receives wages. If I file a garnishment & he doesn't have wages can I then file for execution? Or am I only allowed one chance. I have contacted our small claims court and they give no information or clarification
IF HE IS THE OWNER, HE HAS TO HAVE AN INCOME. DO THE GARNISHMENT FIRST THEN IF NO LUCK YOU CAN DO AN EXECUTION AND TAKE ANY OF HIS PERSONAL PROPERTY (CAR) AS LONG AS HIS NAME IS ON THE TITLE AND HE DOESN'T OWE MORE THAN WHAT THE PROPERTY IS WORTH. YOU CAN ALSO GARNISH HIS BANK ACCOUNT. YOU ONLY NEED TO FIND OUT WHERE HE BANKS AND DO A BANK GARNISHMENT AT THE SMALL CLAIMS COURT. HOPE THIS HELPS!!:eek:
 

JETX

Senior Member
I haved filed a claim against the owner of a business in small claims court and the notice of judgment is in favor of me the plantiff. I have not been paid by the defendant and now have the option of garnishment or execution against him. I don't know if as the owner of the company he actually receives wages. If I file a garnishment & he doesn't have wages can I then file for execution? Or am I only allowed one chance. I have contacted our small claims court and they give no information or clarification
If he is the owner, don't waste your time on wage garnishment. Go right to an execution. If the business is a sole proprietorship, the sheriff can seize any non-exempt 'business' assets including cash in the register, computers, copiers, etc. Depending on the size and nature of the business, one of the first things I go after is there network server and all tape backups!!! That pretty much shuts them down. The next thing to be sure to get is their accounts receivable files (showing who owes them how much). Without those records, it makes it much harder for them to get any income. The information in those files can also be used to pursue turnover orders.
 

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