Judgment Collection

[sanford64]

ALL PARTIES IN NEW JERSEY, THE CASE WAS TRIED IN NEW JERSEY.

Can I get an order for wage garnishment against a self employed individual? The debtor has provided a document that claims he has income from his self employment. I would also believe he files the appropriate tax forms that would prove he has income from his own business.

I am assuming once the debtor has the wage garnishment order he would be in violation of a court order if he did not provide me with a portion of the wages.

 

[JETX]

What type of business is this individual self employed in??

Is it a sole-proprietorship or corporation??

What EXACTLY did he say was his source of income??

Do you know where he banks??

Do you know if he has any other exempt assets??

 

[sanford64]

The document is from a bankrupcy filing in 1999 that was eventually dismissed. In the filing he declared the occupation as construction and the employer as self.

The debtor owns several corporations (all of the corporations are in the construction field) so I cannot tell if he is employed by one of these corporations or not.

In the bankruptcy filing he declared he had no other assets.

He has not provided me any other information. I served him with an information subpeona which he has refused to return. I asked the court for a contempt hearing against him but they have not been helpful. The judge said I had to talk to the court about other requirements I must meet before he will have a contempt hearing.

 

[JETX]

Bankruptcy!!! Wow, that certainly is a size 14 'other' shoe hitting the floor!

was your judgment or debt dismissed in the bankruptcy?? If yes, it is DOA.
If not, what are the dates of filing, discharge, debt and judgment??

Also:
1) The fact that he says 'construction' and 'self-employed' is pretty innocuous. In itself it does NOT mean he owns a construction company, he could just be a contract ditch-digger.

2) You say he 'owns' several corporations. An individual cannot own a corporation (I know, semantics, but it is important to understand the relationship, or lack of). A corporation is owned by shareholders. He may be a majority shareholder, but he is not the 'owner'. And unless your judgment includes the corporation as a debtor, the corporate assets are immune from seizure.

3) An alternative to an Informational Subpoena is a "Post-Judgment Order for Discovery". This requires the judgment debtor to appear at a certain time and place and to answer questions, under oath, about his income and assets. The questions are asked by the attorney for the judgment creditor. The judgment debtor may be ordered to produce certain documents at the time and place of the appearance. If the judgment debtor fails to appear and/or to produce the required documents, further Court proceedings are available which can eventually lead to the arrest of the judgment debtor"
http://www.milchlaw.com/faq.htm

4) Your post said, "I asked the court for a contempt hearing against him but they have not been helpful. The judge said I had to talk to the court about other requirements I must meet before he will have a contempt hearing."
What did the court say when you talked with them?? What other 'requirements' must be met??

Finally, here is a link to a good format for an "Informational Subpoena" for New Jersey:
http://www.milchlaw.com/form9.html

Here are some other good links:
http://www.judiciary.state.nj.us/prose-1.htm
http://www.milchlaw.com/faq.htm

 

[sanford64]

The bankruptcy was filed in January 1999 and dismissed in October 1999. It was dismissed becaused he failed to produce required documents.

The judgment is from October 2000 and the bankrupcy filing and dismissal has no bearing on my case. I just used the filing to obtain some information on the debtor.

He is the 100% equity 'owner' of the corporations. I do have a judgment against one of the corporations as well as the individual but he still 'operates' other corporations.

The court has not yet replied to my request to explain what else I need to do.

I believe he clearly earns money. My question is if he earns money from a self generating source, can that be garnished? (i.e. if he collected nickels from cans and declared that as income, can I garnish)