What to do now?

[Jeff_488]

State: Georgia

Won small claims case. What to do now:

1). Seize her bank account (hear that if this is a joint account her husband can appeal and case would be heard again??), true?

2). Service her with a FiFa and seize assets?

3). What other options would it have to turn this judgement into real money?

Thank you,
Jeff

 

[JenniferH]

1) Yes, if you seize acct and you have judgment in only one spouses name and the acct is in both name the nondebtor spouse can claim "exemptions" as to money. I don't believe however that a new trial would be enacted, just that that nondebtor spouse can claim the exemptions.

2) Fifa and sieze: again I believe that if the nondebtor spouse lives in the home, that he/she can claim that he/she owns half of all property, therefore, you don't get any property.

3) I believe that GA allows for wage garnishment, of course against the debtor only. YOu would have to know where debtor works in order to do this. Check with the court as to what "enforcement" procedures you are allowed to do. Also check to see if you can call the debtor into court and do a "debtors exam" basically the court is ordering that the debtor come in to court and you can ask any questions you want in order to find out the information, ie, assets, banks, you name it. Again check with court to see if this is available. (this wouldn't get you any real money, but it would help if you didn't have any real info on the debtor, you would be able to gain valuable information in order to enforce the procedures allowed by your state law)