How do I collect on a judgement if the defendant now lives out of state?

[TRossD85]

Hello Everyone,

This is my first post and I'm hoping somebody can help me. I won a judgement against someone for breach of contract five years ago and in spite multiple rounds of supplementary process, we were unable to recoup even close to the amount owed. The defendant would agree to pay monthly installments then stop after a few months. Fast forward to this spring and we have filed a motion for wage garnishment from the employer he provided during his latest supplementary process hearing. The employer never responded and I fear that he may no longer live in the state. How do I collect this judgement? Am I going to have to find out if he has a new employer and where is currently residing and then file a new suit in a different state?

 

[tranquility]

Winning a judgment is hard. Collecting it is harder still. No one can help you without knowing all the facts. I recommend either selling the judgment to a collector or hiring a collections attorney. If you want to do it on your own, if you can't access funds in your state, you "domesticate" it in the state where he or his assets are.

 

[TRossD85]

I see, thank you for the input. I'm assuming I would have to hire an attorney in his state to domesticate said judgement?

 

[tranquility]

I see, thank you for the input. I'm assuming I would have to hire an attorney in his state to domesticate said judgement?

Depending on the state, you would probably need a presence. Realistically? With a little study, you could probably do it yourself. But, you'd have to be there to make the case. How much do you have a judgment for? Was it by default or after argument?

 

[TRossD85]

Depending on the state, you would probably need a presence. Realistically? With a little study, you could probably do it yourself. But, you'd have to be there to make the case. How much do you have a judgment for? Was it by default or after argument?

Defendant moved to Florida, judgement was for $4000 after he originally agreed to pay.

 

[tranquility]

Defendant moved to Florida, judgement was for $4000 after he originally agreed to pay.

Florida is 1/2 of my question and I (might) look at that issue tomorrow. But the judgment question is not answered. Did he "answer" your suit or did you win by default?

 

[TRossD85]

Florida is 1/2 of my question and I (might) look at that issue tomorrow. But the judgment question is not answered. Did he "answer" your suit or did you win by default?

He showed up to the initial court dates and supplementary processes, if that's what you mean by "answering". Its not like he totally no showed. Hope that helps.

 

[tranquility]

He showed up to the initial court dates and supplementary processes, if that's what you mean by "answering". Its not like he totally no showed. Hope that helps.

It does. Many get a default judgment where the other party did not show up at all. Later they claim they were not served or notified properly. If he came to court in some way, the general theory is the judgment was on the facts. Much better judgment. Much easier to collect upon.