If we have a small claims judgment against someone, how do we get our money if he no longer owns property in our county?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If we have a small claims judgment against someone, how do we get our money if he no longer owns property in our county?
My husband and I have a $5000 small claims docket against our wedding photographer. Since then he has gotten divorced, moved to CO, and his wife now has the house. How do we go about getting our money if he no longer owns property in our county?
Asked on June 8, 2011 under Bankruptcy Law, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It is often said that the hardest part about a judgement is not obtaining it but enforcing it. I think there was never a more truthful statement made. First, are you sure that his wife got the house? Have you run a check on the deed? I might file the judgement anyway against him in the local courthouse just in case. Then you are going to have to try and enforce the judgement against him on Colorado. States recognize properly obtained judgements and help to enforce them under the Full Faith and Credit Clause of the Constitution. So you will have to register the out of state judgement in Colorado. Each state's laws vary as to same. Do you know the county in Colorado in which he resides? Contact the clerk's office there or you may wish to consult with an attorney in that area for a sum certain on how to do it. Then you can collect by any means under Colorado law: wage garnishment, levy on a bank account or personal property - whatever. Good luck.
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.