Q: How can I utilize my post judgement interrogatory from a small claims court defendant?
I won a small claims court case in KY but the defendant did not pay the court-ordered restitution. I eventually filed a post judgement interrogatory form to the defendant. After threatening a contempt action for not returning the court document, the defendant showed up to court, quickly filled out the interrogatory and signed it. The only listed asset he says he has is his truck which he verbally said he would sell to pay the restitution. How long do I need to wait to be payed? Can I use this interrogatory form to place a lien on his truck? Can I force him to sell his truck to pay the restitution? Can I take ownership of the truck? Trying to determine what my next steps are - any help appreciated.
"I want my $2....." - Better Off Dead (1985) https://youtu.be/FsxJfcFVnpo
A: You can go to the clerk of court and have a garnishment or execution issued for property of the defendant which may achieve the goals you’re seeking. Because there are certain property exemptions available to Defendant, you may want to contact a local lawyer to help you with this step.
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