Won a small claims against a huge corporation in MO

[donnalpm]

Corporation is a big tech domiciled in CA (although their are incorporated as a Delaware Corp) and are incorporated in each state of the union, including my state. Not that any of that should make a difference. Anyway, I have a write of execution form almost filled out entirely. I have a few questions.
1. Since it is a corporation and not an individual, there are no exemptions. Is it REQUIRED to fill out Interrogatories form and have sent to company's registered agent in MO?
2. Is it required to file a 'notice of execution' with the respondent/debtor before the writ of execution?
3. Isn't Respondent (the corporation) the same as Debtor? The writ of execution has a spot for the Respondent's info and Debtor's info. Duplicate if you ask me.

The court clerk handed me the Interrogatories to Garnishee form. Why do I need that for a corporation? What if they don't fill it out at all or in time? I already know what big bank they use, so I don't need to search for their assets.

This seems like it should be an easy thing to accomplish (bank account funds garnishment) Thoughts? Thanks in advance.

 

[Zigner]

We cannot provide specific guidance on how to fill out these legal documents. If you are unsure how to fill out the forms, then you will need to seek the guidance of an attorney. As an alternative, you are free to use your favorite web search engine for additional guidance.

 

[donnalpm]

We cannot provide specific guidance on how to fill out these legal documents. If you are unsure how to fill out the forms, then you will need to seek the guidance of an attorney. As an alternative, you are free to use your favorite web search engine for additional guidance.

Ok. How about requirements for a Notice of Execution form or Interrogatories to Garnishee form? Are they required to be filed before a writ of execution is?

 

[adjusterjack]

Won a small claims against a huge corporation in MO

How much money did you win?

Did you win by default?

 

[Zigner]

Ok. How about requirements for a Notice of Execution form or Interrogatories to Garnishee form? Are they required to be filed before a writ of execution is?

I would suggest that you research what a "Notice of Execution form" is in order to help you decide if it is required.

 

[donnalpm]

How much money did you win?

Did you win by default?

$5k, the cap in MO's small claims court and yes, pretty much by default.

 

[quincy]

How long ago were you awarded a default judgment? Is there time left for an appeal?

 

[Litigator22]

$5k, the cap in MO's small claims court and yes, pretty much by default.

 

[adjusterjack]

No surprise that a large corporation would ignore a small claims lawsuit knowing that small claims plaintiffs wouldn't know how to collect and wouldn't want to spend the money for a lawyer's assistance.

I found the forms that you are looking at:

https://www.courts.mo.gov/page.jsp?id=650

See if there are any instructions on that site. If not, see if you can find a lawyer that'll take a couple of hundred to help you out.

 

[quincy]

Anything to add, Litigator?

 

[donnalpm]

How long ago were you awarded a default judgment? Is there time left for an appeal?

August 24th. No appeal filed by them.

No surprise that a large corporation would ignore a small claims lawsuit knowing that small claims plaintiffs wouldn't know how to collect and wouldn't want to spend the money for a lawyer's assistance.

I found the forms that you are looking at:

https://www.courts.mo.gov/page.jsp?id=650

See if there are any instructions on that site. If not, see if you can find a lawyer that'll take a couple of hundred to help you out.

I have the form filled out. I just needed to know if, since it's a corporation, is it required to file an 'Interrogatories to Garnishee' or 'Notice of Execution' with the respondent and what happens if they don't respond to that?

I'm looking for an attorney as I write this now. Frustrated that I can go to court without an attorney and win, but still need to get one to fill out legal forms. :/

 

[quincy]

Thank you for answering my question.

If you are concerned about the cost of an attorney, you might be able to find free or low-cost legal assistance at a legal aid clinic in your area. No member of this forum, however, can assist you in filling out the form. For that you will need to find an attorney licensed to practice in your own jurisdiction.

 

[Litigator22]

Pardon me, but what are we expected to make of "pretty much by default"? Such iffy verbiage is not recommended in this milieu. Lawyers relying on suppositions often find themselves looking for an honest livelihood!

So, was the judgment debtor found to be in default for failure to appear or not? Because if in default, then you don't need to serve the judgment debtor with another blessed thing. (See Rule 43.01 of the Missouri Rules of Civil Procedure) *

And even if the defendant did appear in the lawsuit there, is nothing in the Rules requiring that you as the judgment creditor serve or notify of any actions taken supplemental to your judgment. That is a notice of the issuance of a writ of execution or a preemptive notice of the issuance of a writ of garnishment.

But getting back to the essentials, why would you want to incur the hassle of a lengthy, paper eating and time consuming bank account garnishment process?

If you know where this "big tech corporation" maintains offices in your state, why not simply hand the local sheriff the writ of execution? That together with written instructions to pay the debtor a visit seizing possession of and levying against such visible tangible assets of the debtor as needed to satisfy the judgment? I mean like desks, chairs, computers, file cabinets, keys to the executive washroom, and so on.

If your judgment is watertight and you do the above, you can expect payment in full to arrive in the mail.

[*] " . . . no service (of documents supplemental to a default judgment - my paraphrasing) need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons".

Good luck

 

[zddoodah]

Just FYI, the likelihood that anyone here will have any personal knowledge regarding the process of enforcing a judgment in Missouri are incredibly low. Most of what you'll get here is folks googling stuff and relaying what they find.

Since it is a corporation and not an individual, there are no exemptions. Is it REQUIRED to fill out Interrogatories form and have sent to company's registered agent in MO?

The link that "adjusterjack" takes you to a page that lists several tools for enforcing a judgment. One of those tools is "interrogatories to garnishee," and there's a form for that. In the bottom-right corner of the form, it lists two sections of Chapter 525 of the Missouri Revised Statutes and two "Rules," which appear to be within Rule 90 of the Rules of Civil Procedure - Rules Relating to Special Actions. I suggest you familiarize yourself with those statutes and rules, but the bottom line is that, if you want the judgment debtor to respond to interrogatories, it's a process you have to initiate, and the debtor's status as a corporation isn't relevant.

Is it required to file a 'notice of execution' with the respondent/debtor before the writ of execution?

Unlikely. Is there a reason you think such a notice might need to be served on the debtor?

Isn't Respondent (the corporation) the same as Debtor?

"Respondent" is the term that Missouri apparently uses instead of "defendant" in civil lawsuits. A judgment debtor is a person/entity against whom a money judgment has been entered. In your case, the entity you sued was the respondent and is now the judgment debtor.

The writ of execution has a spot for the Respondent's info and Debtor's info. Duplicate if you ask me.

Not if the respondent wins the lawsuit, in which case the petitioner could be the judgment debtor.

The court clerk handed me the Interrogatories to Garnishee form. Why do I need that for a corporation?

You're free not to use the interrogatories process if you don't think it will be helpful.

What if they don't fill it out at all or in time?

Then you'd have to seek relief from the court.

 

[quincy]

First, despite the previous poster’s “FYI,” this forum is fortunate to have an attorney-member from Missouri who may stop by to add some words of wisdom. Before becoming an attorney, “Tiger D” was a debt collector. I will send Tiger D a message to see if he is available to respond.

Pardon me, but what are we expected to make of "pretty much by default"? Such iffy verbiage is not recommended in this milieu. Lawyers relying on suppositions often find themselves looking for an honest livelihood!

So, was the judgment debtor found to be in default for failure to appear or not? Because if in default, then you don't need to serve the judgment debtor with another blessed thing. (See Rule 43.01 of the Missouri Rules of Civil Procedure) *

And even if the defendant did appear in the lawsuit there, is nothing in the Rules requiring that you as the judgment creditor serve or notify of any actions taken supplemental to your judgment. That is a notice of the issuance of a writ of execution or a preemptive notice of the issuance of a writ of garnishment.

But getting back to the essentials, why would you want to incur the hassle of a lengthy, paper eating and time consuming bank account garnishment process?

If you know where this "big tech corporation" maintains offices in your state, why not simply hand the local sheriff the writ of execution? That together with written instructions to pay the debtor a visit seizing possession of and levying against such visible tangible assets of the debtor as needed to satisfy the judgment? I mean like desks, chairs, computers, file cabinets, keys to the executive washroom, and so on.

If your judgment is watertight and you do the above, you can expect payment in full to arrive in the mail.

[*] " . . . no service (of documents supplemental to a default judgment - my paraphrasing) need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons".

Good luck

I believe that donalpm is in the process of filling out a writ of garnishment form, hence his questions on what is necessary for inclusion.

If he does not have the financial information for his judgment-debtor that would allow for a writ to be served, he will want a debtor exam to disclose the locations of the debtor’s assets.