Won small claims account and now I'm stuck

[steerstuffer]

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

I filed a small claims and won by default because he never showed up. He never sent in the wage paper so I filed a garnishment to his employer. I paid the required $15 and sent him and his employer all the required paperwork. I received the Garnishee Answer to Creditor sheet back from his employer. The only thing marked was # 2 under letter B that he had child support all ready being taken out at the amount of 84.37. Then "reduced to the amount allowed by law was checkmarked. On another piece of paper it showed his earninngs for December 3, 2010 to be 190.00. His net was 73.65 so I got nothing. They cashed my 15 check and I still haven't received nothing. I thought they would have to send something for the next 13 weeks. He has another job but they pay cash so he doesn't have to report it. Am I just stuck with no money from him? Any advise would be appreciated. Thanks

 

[racer72]

Your state only allows a certain percentage of wages to be garnished. When this amount is reached by a previous garnishment, yours will have to wait. Being as it is a child support garnishment, you might be waiting a long time. You might just find out why 3/4 of all individual judments holders only collect a portion of what they are owed or collect nothing.

 

[sandyclaus]

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

I filed a small claims and won by default because he never showed up. He never sent in the wage paper so I filed a garnishment to his employer. I paid the required $15 and sent him and his employer all the required paperwork. I received the Garnishee Answer to Creditor sheet back from his employer. The only thing marked was # 2 under letter B that he had child support all ready being taken out at the amount of 84.37. Then "reduced to the amount allowed by law was checkmarked. On another piece of paper it showed his earninngs for December 3, 2010 to be 190.00. His net was 73.65 so I got nothing. They cashed my 15 check and I still haven't received nothing. I thought they would have to send something for the next 13 weeks. He has another job but they pay cash so he doesn't have to report it. Am I just stuck with no money from him? Any advise would be appreciated. Thanks

The courts issue the judgment, but its all on you to collect it.

Just because you paid your $15 to effect the garnishment doesn't guarantee that you get the money you are looking for. Most states have limits and restrictions on what and what amounts can be garnished from an employee at any given time. In your case, most of the money that the judgment debtor makes is paid in cash, which makes it particularly difficult to trace. And because there is already an existing garnishment for child support, that takes priority over your garnishment.

Do you know if the debtor has a bank account or other assets? You might be able to get a levy against the account or assets (if your state allows for it).