advice on methods of small claims court judgment collection

[spammenot]

What is the name of your state?
Kansas

I was the plaintiff in a small claims court case and the judge issued a 'Journal Entry of Judgment - Small Claims Procedure' over 10 working days ago but less than 30 days ago.
The small claims court clerk provides a helpful flyer on collecting a judgment which I copied to
collection methods for reference.
I mailed a copy of the 'Journal Entry of Judgment - Small Claims Procedure' and the 'Judgment Debtor's Statement of Assets - Small Claims Procedure' to the defendant the same day the judgment was issued.
I mailed the U.S.P.S. Certificate of Mailing of the 'Journal Entry of Judgment - Small Claims Procedure' and the 'Judgment Debtor's Statement of Assets - Small Claims Procedure' mailed to the defendant to the small claims court clerk as stated in the 'Journal Entry of Judgment - Small Claims Procedure' on the same day that the two items were mailed to the defendant.
I assume that mailing the U.S.P.S. Certificate of Mailing of the 'Journal Entry of Judgment - Small Claims Procedure' and the 'Judgment Debtor's Statement of Assets - Small Claims Procedure' mailed to the defendant to the small claims court clerk as stated in the 'Journal Entry of Judgment - Small Claims Procedure' eliminates the need to ask for a 'Hearing in Aid of Execution'.
The 'Journal Entry of Judgment - Small Claims Procedure' states that 'Within 30 days after receipt of the Judgment Debtor Statement of Assets form, the debtor shall complete the Statement of Assets form and return it to the Clerk of the District Court, Small Claims'.
The collection flyer supplied by the court clerk seems to indicate that if the defendant does not complete the Statement of Assets form and return it to the Clerk of the District Court, Small Claims, that I am expected to ask for a Contempt Citation.
Do I have to wait 30 days after mailing the ''Journal Entry of Judgment - Small Claims Procedure' and the 'Judgment Debtor's Statement of Assets - Small Claims Procedure' to request Garnishment or Attachment?

I assumed that I could fill out a 'Request for Garnishment' using the defendant's name and current address since the defendant deposited a check from me to a Bank of America account (account number on back of cancelled check illegible), but after talking to a couple of Bank of America customer service representative who could find no customer in their computer system under the defendant's usual aliases with the defendant's current residence address I suspect that a 'Request for Garnishment' may not be effective unless I had the defendant's Social Security Number.
The bank account to which the defendant deposited my check might not be in his name or he could be using a post office box address also.
I assume Attachment listed in the collection flyer supplied by the court clerk is synonymous with 'Writ of Execution' which a local process server has described to me in some detail.
The defendant does not have a regular job with wages for garnishment.
The defendant apparently rents the house in which he is living with a woman whom I determined from public court records (and talking to an attorney) has a legal judgment against her for over $2000 which an attorney is still trying to collect although the woman has moved from previous addresses in an effort to avoid payment.
The defendant drives a car with Oklahoma license plates.
The defendant apparently only uses a pre-paid cellular telephone.
The woman with whom the defendant is living drives a car with Florida license plates.
Due to the circumstances above I am trying to collect the debt before something happens such as the defendant moving.

 

[spammenot]

fears.realized

It appears that my fears about trying to collect have been made manifest.
The debtor and the woman with whom he was living were evicted from the address where the debtor had been served with my court summons previously.
Naturally no forwarding address was given and the property manager is returning all mail to that address to the addressees.
The property manager said the tenants had been evicted because of the trouble they caused, apparently related to people whom were ripped off by the tenants.
Perhaps I need to create a new discussion thread on 'How do I locate a scam artist against whom I have a court judgment when he moves?'

 

[Ladynred]

Hire a private investigator ?

 

[spammenot]

specific

Hire a private investigator ?

I was halfway joking.
If I was serious, I would have used more precise wording in the question such as 'How do I locate a scam artist against whom I have a court judgment when he moves, without spending any more of my money in the effort?'

 

[vrzirn]

It does not matter now if he has moved. He has no money!
Your judgement is good for 10 years and accrues 10% simple interest.
If you find him now and haul his sorry butt into court to disclose assets he will lie and move them,( if any) out of your reach.
So, make up your mind you are not going to see that 5k anytime soon. Bide your time for a couple of years and then look for him. Hire a private investigator so you do not give the deadbeat a "heads-up", and if there are any assets go right down with your docs and attach them.
Good luck, although the odds are poor.

 

[spammenot]

collecting

vrzirn,
The court judgment says interest accrues at 12 percent per annum.
I did not know that a court judgment in Kansas is in effect for 10 years.
I talked to the process server who served the small claims court summons to the now-moved defendant, and he said that he would see if he could find the data on the defendant he collected (skip-trace) trying to serve the summons and give it to me.
If I had the Social Security number I might be able to garnish the Bank of America bank account into which the defendant deposited my check.
If I cannot garnish the bank account but have the Social Security number, could I get my judgment added to the debtor's credit report so I might eventually be contacted by other current or potential creditors with his current residence address?

 

[KDP]

What is the name of your state?
Kansas

I was the plaintiff in a small claims court case and the judge issued a 'Journal Entry of Judgment - Small Claims Procedure' over 10 working days ago but less than 30 days ago.
The small claims court clerk provides a helpful flyer on collecting a judgment which I copied to
collection methods for reference.
I mailed a copy of the 'Journal Entry of Judgment - Small Claims Procedure' and the 'Judgment Debtor's Statement of Assets - Small Claims Procedure' to the defendant the same day the judgment was issued.
I mailed the U.S.P.S. Certificate of Mailing of the 'Journal Entry of Judgment - Small Claims Procedure' and the 'Judgment Debtor's Statement of Assets - Small Claims Procedure' mailed to the defendant to the small claims court clerk as stated in the 'Journal Entry of Judgment - Small Claims Procedure' on the same day that the two items were mailed to the defendant.
I assume that mailing the U.S.P.S. Certificate of Mailing of the 'Journal Entry of Judgment - Small Claims Procedure' and the 'Judgment Debtor's Statement of Assets - Small Claims Procedure' mailed to the defendant to the small claims court clerk as stated in the 'Journal Entry of Judgment - Small Claims Procedure' eliminates the need to ask for a 'Hearing in Aid of Execution'.
The 'Journal Entry of Judgment - Small Claims Procedure' states that 'Within 30 days after receipt of the Judgment Debtor Statement of Assets form, the debtor shall complete the Statement of Assets form and return it to the Clerk of the District Court, Small Claims'.
The collection flyer supplied by the court clerk seems to indicate that if the defendant does not complete the Statement of Assets form and return it to the Clerk of the District Court, Small Claims, that I am expected to ask for a Contempt Citation.
Do I have to wait 30 days after mailing the ''Journal Entry of Judgment - Small Claims Procedure' and the 'Judgment Debtor's Statement of Assets - Small Claims Procedure' to request Garnishment or Attachment?

I assumed that I could fill out a 'Request for Garnishment' using the defendant's name and current address since the defendant deposited a check from me to a Bank of America account (account number on back of cancelled check illegible), but after talking to a couple of Bank of America customer service representative who could find no customer in their computer system under the defendant's usual aliases with the defendant's current residence address I suspect that a 'Request for Garnishment' may not be effective unless I had the defendant's Social Security Number.
The bank account to which the defendant deposited my check might not be in his name or he could be using a post office box address also.
I assume Attachment listed in the collection flyer supplied by the court clerk is synonymous with 'Writ of Execution' which a local process server has described to me in some detail.
The defendant does not have a regular job with wages for garnishment.
The defendant apparently rents the house in which he is living with a woman whom I determined from public court records (and talking to an attorney) has a legal judgment against her for over $2000 which an attorney is still trying to collect although the woman has moved from previous addresses in an effort to avoid payment.
The defendant drives a car with Oklahoma license plates.
The defendant apparently only uses a pre-paid cellular telephone.
The woman with whom the defendant is living drives a car with Florida license plates.
Due to the circumstances above I am trying to collect the debt before something happens such as the defendant moving.

So, what if you did have the guys Social. Would it be much easier and more "collectable"?

Is it possible to put a garnishment on "settlement monies" (S.S. and/or Workman's Comp)??

I have a similar problem but have not yet gone to small claims court.

I (think) I have his "valid" social and I know where he lives (address).

I also know that he will hide his $ (and allready has with the first check from S.S.) with his ex-girlfriend. BELIEVE IT OR NOT!!!

 

[spammenot]

garnishment

KDP,

In my case if I knew the debtor's Social Security number I could probably garnish the debtor's bank account since I know he deposited my check in the Bank of America.

Concerning garnishment exemptions, I have copied below the relevant paragraphs under the Kansas 'NOTICE TO JUDGMENT DEBTOR (Nonearnings Garnishment)(Small Claims)' form PS-1754 page 9:
The laws of Kansas and the United States provides that certain benefit payments cannot be taken from you to pay a debt, even if they are deposited in a bank, savings and loan, or credit union. Such payments are commonly referred to as exempt property. Examples of exempt benefit payments which cannot be attached or executed upon by a creditor are:

Social Security disability and retirement benefits Supplemental Security Income (SSI) benefits
Veterans benefits
Black lung benefits
Cash assistance payments under the Temporary Assistance for Families (TAF) Cash assistance payments under the General Assistance (GA) program Unemployment compensation payments
Workers compensation payments
Certain pension benefits and retirement funds, including KPERS

This is not an exclusive list. Other state and federal exemptions may apply to you. Certain exemptions may not apply to support orders or to back taxes. An attorney can assist you in determining which benefit payments are exempt.

If the court order affects property other than money which belongs to you, some or all of this property may also be exempt. Examples of exempt personal property are:

(1) Furnishings, equipment and supplies in your possession and reasonably necessary at your principal residence
(2) Personal jewelry and other ornaments up to $ 1,000 in value
(3) One vehicle regularly used for transportation up to $20,000 in value
(4) Tools and equipment used in your principal trade or business up to $7,500 in value

If you believe that the money or property being held by the garnishee is exempt and should not be given to the judgment creditor, you may request a hearing before the court to assert this claim.