How do we get our money as a result of a small claims award?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do we get our money as a result of a small claims award?
My daughter and I pre paid for some firewood and didn’t receive all the wood. I received about half and my daughter didn’t receive any. We went to small claims court and the decision was in our favor. He owes me $320 and my daughter $200. He never showed up for the hearing. We submitted to our county clerk a transcript at the cost of $20, the results of small claims and we found out this only raises a red flag when the individual applies for a loan and nothing to do with getting our money back. What do we need to do to get our money from him without spending (loosing) more money?
Asked on January 19, 2012 under Bankruptcy Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
While the procedure varies slightly from state to state (you can find the procedure for your state from your local courts), you could:
1) Put a lien on any real property he has--he won't be able to transfer title to it without paying you.
2) Garnish his wages (in most states; a few, like TX or NC, do not allow this).
3) Execute on property--e.g. force the seizure and sale, by court officers (e.g. sheriff deputies, constables) of other belongings of his, such as a vehicle.
4) Levy on a bank account--force his bank to give you money.
There will be mechanisms in your state by which you can find information about his belongings, assets, etc. In New Jersey, for example, it would be called an "informational subpoena."
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
While the procedure varies slightly from state to state (you can find the procedure for your state from your local courts), you could:
1) Put a lien on any real property he has--he won't be able to transfer title to it without paying you.
2) Garnish his wages (in most states; a few, like TX or NC, do not allow this).
3) Execute on property--e.g. force the seizure and sale, by court officers (e.g. sheriff deputies, constables) of other belongings of his, such as a vehicle.
4) Levy on a bank account--force his bank to give you money.
There will be mechanisms in your state by which you can find information about his belongings, assets, etc. In New Jersey, for example, it would be called an "informational subpoena."
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.