Suggestions to actually get paid?

[Mark2323]

Georgia

I have a small claims situation where my win is clear, but actually getting paid is a different story. Does anyone have suggestions for recovering payment, when the individual's place of employment is not known (save using a detective)? The defendant has -- well, let's say "drives" so it could be a lease, but no way it's paid for -- a car, and as far as I know that's about it.

The total is $1290.

 

[single317dad]

Georgia's personal property exemptions from seizure (in non-bankruptcy cases) are pretty slim, so you might have a small shot at collecting on a judgment, assuming you are granted one.

http://law.justia.com/codes/georgia/2010/title-44/chapter-13/article-1/part-1/44-13-1

Except as otherwise provided in this article, there shall be exempt from levy and sale by virtue of any process whatever under the laws of this state any real or personal property or both of a debtor in the amount of $5,000.00.

That means the debtor's assets are protected from levy/seizure to satisfy your judgment, up to a limit of $5000. I see no mention of exemption of a personal vehicle, as many states do, nor separate mention of a particular bank account balance, as many states do.

Your state and local rules of civil procedure will determine your actions. In some places, you can question the defendant under oath as to his employment and assets during the trial. In others, you will need to return to court after the debtor does not pay a judgment to compel discovery via "proceedings supplemental to judgment" or similar. Depending on location, you may be able to glean information from the state department of labor, employers directly, banks, financial institutions, etc.

http://law.justia.com/codes/georgia/2010/title-9