Urgent - Nobody has been able to help...

[saketbash]

What is the name of your state? Alabama

To make a long story short, I settled in Mediation for the defendant to pay me $2340 in payments of 335 / month starting 7/1/06 - 1/1/07.

July 1st came around and without suprise....no payment. I call the court to see if I could start the process of garnishment of wages/property. They tell me that hes put in for a request for exemption of his car and computer from being garnished for this debt. So I have to go back to court.

I was planning on garnishing his car but now I want to know if I should hope for that.

1) Can I still get the car?
2) Is it possible the judge might say no to the fact that he wants to exempt it...if so what are the odds of that happening?
3) If I garnish his wages...he will just end up quitting and he starts school in the fall anyway....how do I successfully make it so that I get my debt paid by garnishment if it results in that?

I would really appreciate some advice. I've talked to lawyers that say the judge is most likely going to give him the car under the 6-10-2 law of Alabama that says he can exempt up to $3000 of property from garnishment.
The case is coming up in 2 weeks and I honestly want to know what I should do given the circumstances.

Thanks to everyone who helps me with this. It really does alot.

 

[Debt Guy]

sounds like your lawyer gave you valid advice.

Judgments last a pretty long time. You may just have to be patient and keep attacking with wage garnishments every time the debtor gets a job. Eventually, you will either get paid, the debtor will file bankruptcy or you will just give up.

The judgment accrues interest and certain of your costs of collection can be added to the judgment. Your attorney should be able to explain all that.

 

[saketbash]

Thanks for the advice. I just want to know whether I should push for the car or not. I feel like thats my fastest way to get either all or most of the money. I just feel like the legal system is setup to protect him more than it is to protect me.

 

[Debt Guy]

I do not think you are legally entitled to the car since it is an exempt asset up to an equity value of $3000.

Maybe you try to work a deal with this guy where he agrees to make monthly payments but gives you a lien on the car? If you go that route, make sure it is documented correctly and recorded properly.

For what it is worth, in most states, laws favor creditors much more than debtors.

 

[TigerD]

Where is he going to go to school?
Find out and levy every bank in his hometown and school area for his accounts. Time the levy for the second day of classes so you can get his student loan check.

DC

Or be a real jerk and sell his clothes at auction in the front yard. If he used up his exemptions....

 

[Ladynred]

Yeah.. right.. sell some old clothes.. you might make $20