Collecting Small Claims Judgement!

[They Adam Bradley]

I will try to make this as short as possible. I loaned my ex gf, a sum of money and she never repayed me. We went to small claims court May 15 2011, and came upon a agreed amount she would pay me monthly. He first payment was to be made June 15, 2011 and continue on the 15th of every month, until the full amount was paid. We had this notorized and placed into the Clerks office so she couldnt weasel he way out of it. August comes around and still no payment, so we returned to court August 1st. In court she said she simply couldnt afford the amount (lie) and that she went back to school and was only working 12-15 hours per week now. Long story short, the judge told me that she might be able to garnish her wages because she didnt make enough weekly, but he would send the paperwork to her employeer and see what happens.

The paperwork was sent august 5th, and as of today Sept 7, still havent heard nothing back. I called the clerks office and they had no idea what I could do next. I then called her place of employment and they were going to check on it, but i needed her social sec #, or her employee ID. I nicely asked her to provide me with her employee ID, so i could see whats going on with her garnishment, but she refuses to give me that information. I CANNOT find out what to do next until I find out that information. Im so frustarted that we can have a legally binding paper that states she has to pay me, and yet I still havent received a penny. She refuses to give me the info and starts crap when I have asked her! Shes threatened to file bankrupcy on me ( so i wont see anything). Im not sure what to do next, we live in different states, yet I dont see how she can get away with this. Im jsut curious what are my options now.

1. should i just wait to hear about the garnishment (could be months)
2. Try to contact someone about forcing her to indulge the info?

Do i have any legal right to force her to give out that information... Im so lost and im afraid ifshes doesnt make enough to garnish, im afraid ill be screwed out of my money! Please help.

I know this isnt a legal site but it seems like there is always a crapper or two who knows things like this... ANY HELP would be greatly appreciated.

[The Booty Disciple]

If the judgment has been put forth, then you may need to see a judge about your options. If you can PROVE that she is able to pay, she may be found in contempt of court or something similar. However, proving something of that nature may become difficult.

Not sure if her employment information can be subpoenaed in small claims court, but that likely depends on jurisdiction and local, applicable law.

Go talk to an attorney. This stuff is getting very hairy for you in a legal sense, and you could be compromising your situation by discussing it on the internet. At this juncture, as deep into the process and difficulties as you are, it isn't prudent to be asking for advice here, nor is it prudent for us to be giving advice.

[Mozenrath]

Getting a lawyer would be most prudent.

That said, if the claim is not big enough, it'd be better to cut your losses than incur further legal costs.

[Deleted]

I took my ex to court over unpaid rent and I was told by the judge that if she was late, I could garnish her wages which she doesn't have, put a lien on her bank account, and have her in contempt of court. I'd try to find the judgement and see what that says.

[bibboid]

Call her employer again.
Make sure you get the name and title of the person you are talking to.
Explain that your ex refuses to give you the information the company wants from you.
Tell them you want to e-mail a copy of the judgement to them to prove that your claim is legit.
(Make sure you send it to them with the 'return receipt' function active.)
Say that you have an appointment with a lawyer in six days to discuss your options but if you would prefer to get the situation resolved before then.
If you don't hear back in six days, contact a lawyer.

[They Adam Bradley]

talked to a lawyer today, i was basically told that right now, if shes only working 10-12 hours a week, im f***ed. She wouldnt make enough money to garnish her wages, and because shes a lowlife, she doesnt have any property or anything that i can use... I was told that, the garnishment will last for 10 years, so keep an eye out and when/if i find out shes working fulltime again, i should be able to have them garnished.

it doesnt seem right that we can have a legally binding contract and she can get out of it because shes worthless and doesnt have a full time time. So very frustrating

[The Booty Disciple]

Her being "worthless" is purely subjective, and holds no legal providence. The court rules based upon evidence, not on your opinion of her. Do as your attorney suggests, and keep an eye on her employment situation. Exercise some patience, lest you compromise your case by allowing emotion to trump sanity.

[YAKMAN is ICHIBAN]

Sept 8, 2011 14:01:34 GMT -5 They Adam Bradley said:

it doesnt seem right that we can have a legally binding contract and she can get out of it because shes worthless and doesnt have a full time time. So very frustrating

I understand the frustration, but the court is not going to make someone poor even more destitute, despite the fact that she screwed you out of some money.

[noleafclover1980]

Didn't you post about this before?