If I recently won a case in small claims court but am having a hard time collecting, what can I do?
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If I recently won a case in small claims court but am having a hard time collecting, what can I do?
I tried a garnshiment but the small business man of the dealership I sued for selling me a lemon has moved his funds. There is a chance that the owner has put his accounts in his name. How can I collect on what’s owed to me?
Asked on October 11, 2012 under Bankruptcy Law, Missouri
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I suggest that the way to ascertain the assets of the judgment debtor that you have written about is to have an order of examination prepared and served upon the debtor. Assuming the debtor shows up at the set hearing you wuill be able to ask questions concerning bank accounts, assets, and the like.
You might want to consult with your local legal aid clinic to assist you in the matter you have written about to see how you can collect upon your judgment. If the judgment is against a car dealership consult with your local department of motor vehicles since such entity oversees and regulates such car dealerships in most states.
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