Q: How do I collect money now that I have won a judgement in civil court?
The defendants dog attacked my dog, and the judgement is the vet bills. Its been 4 months since we went to court, and I was awarded the judgement. The defendant has made no effort to pay me the judgement. I know I can file a bank levy, wage garnishment or execution on property that he owns, but how do I find out if he is employed or owns anything, or has a bank account? I do not know the defendant, nor do we live in the same county. I called the courthouse to ask what my next step would/should be and they tell me they "don't know." Where do I go from here and how? Please help
A: The rules of civil procedure provide for "discovery" to aid in collection. In other words, you can demand by subpoena to make the debtor appear in court and answer questions about their work and assets. Your question doesn't specify whether your judgment was granted by the circuit or general sessions court, but this procedure is available in both courts ( there is a specific statute for sessions court). Do some internet research, I suspect there are lots of informative websites on collection law. If you are trying to represent yourself, I would encourage you to consult an experienced collection lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.