How to Garnish wages

[renaileann]

I live in Indiana and was under a divorce decree stating that my ex pay fo rmy car and some IRS taxes we owed, he was in a chapter 13 paying all this and then they dismissed due ot him not paying, so the came and repoed my car, and the IRS is down my back,

I took him back to Superior court and won a judgement of $5,000 for my car and then he was instructed to call the IRS to make payment arrangements and keep them off me, well i also filed a innocent spouse form as well, my question is he told the judge he lived at an address he does not? is the perjury? and he said he was not working, he was instructed to contact me after emplyed within 2 days of course he will not so im searching as to where he works, i know hw is working with his dad for cash so no one can find out, anyway i need to file something so i can see if he working there i have no idea on how to garnish the wage now, or what to file to have his dad answer can anyone help thank you

 

[JETX]

i need to file something so i can see if he working there i have no idea on how to garnish the wage now, or what to file to have his dad answer can anyone help thank you

It sounds like you need to file a "Proceedings Supplemental".

From an Indiana court site:
Filing a Proceedings Supplemental is the first step. When Proceedings Supplemental is filed, the debtor is ordered to appear in court and answer questions under oath about his or her ability to pay based upon income, assets, liabilities, family size, etc. If you know that the debtor has a job and know the address of his or her employer, you may ask the clerk to issue Interrogatories to the employer when you file the Proceedings Supplemental. The court can determine from the answers to the Interrogatories whether the debtor has wages which can be garnished.

At the hearing, you will have the opportunity to ask the debtor, or inform the court, about the debtor's ability to pay. At the conclusion of the hearing, the judge may order the following:

* the Defendant to pay the judgment in full or in installments (the installments may be modified at any time in the future);
* the Defendant to supply the court with current information regarding employment status and address;
* the garnishment of the debtor's earnings;
* execution against the debtor's personal property;

At any time in the future if the debtor fails to follow a court order or if you have reason to believe that the debtor's ability to pay has improved, you may ask that the debtor be ordered to come back to court. This can be done throughout the lifetime of the judgment.

If the debtor is served with notice of the hearing and does not attend, the court, at the winnings party's request, may issue a body attachment and have the debtor arrested and held in jail until another date for the hearing can be scheduled.

If the debtor cannot be found to be served with the order to appear, the winning party can request that the hearing be continued for a period of time to allow more time to find the debtor and to serve him or her with notice of the hearing.