How do we get our money as a result of a small claims award?

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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 9 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 9 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."


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