S
spammenot
Guest
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.
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.
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