Garnishment of bank account or pay check in small claims..?

Question

I won a small claims court case in court recently. The defendant moved out of state. They did notify the court and gave them their new address. I am not saying they are not going to pay but my question is: If i decide to garnish their bank account or pay check would I have to file in the state they are living in now? Would I have to follow Florida small claims procedures which is where the judgement was entered or would I have to follow North Carolina's procedures as that is where the defendant lives now? Thanks for any comments.

Answer 1

You will need to follow the property procedures to register the judgment in North Carolina and follow NC law to collect the judgment.

Answer 2

Hopefully, they do pay you and spare you the added aggravation. I'm not sure how the law works where you live, but here in NY you go to the court that awarded you the judgement, and you ask the clerk for a certified transcript of judgement, which is basically proof from the court that you won your case and you were awarded a judgement, against whomever. And you file a copy of that (you can do it by mail), along with a copy of your original judgement with the clerk of the court of the county where that person lives now. And you can ask the clerk of the court which awarded you the judgment for further instructions on how to proceed, as well as request the clerk of the court where you are filing it in the county clerk's office where they live now, for further instructions on how to proceed. They usually have a sheet which outlines the steps you can take. Generally the state in which you live publishes a guide to small claims court. Most courts have copies of those and should have made one available to you. If not, you can ask if they have them or where you might obtain one. But there should be something on file in the county clerk's office. And you can ask the clerk of the court for a wage garnishment form or whatever as they generally have them. Or you can ask them for the form which you file with their bank which will put a hold on their bank accounts until they pay you. If they don't have the forms, they should be able to direct you where to get one. But most courts have a brochure explaining how to do all that.

Answer 3

with any luck, they do pay you and spare you the further aggravation. i'm undecided how the regulation works the place you reside, yet here in large apple you pass to the court docket that offered you the judgement, and you ask the clerk for an authorized transcript of judgement, it incredibly is in fact evidence from the court docket which you gained your case and you have been offered a judgement, against whomever. and you record a duplicate of that (you're able to do it by making use of mail), alongside with a duplicate of your unique judgement with the clerk of the court docket of the county the place that person lives now. and you will ask the clerk of the court docket which offered you the judgment for further instructions on the thank you to proceed, besides as request the clerk of the court docket the place you're submitting it interior the county clerk's workplace the place they stay now, for further instructions on the thank you to proceed. they often have a sheet which outlines the stairs you could take. usually the state in which you reside publishes a instruction manual to small claims court docket. maximum courts have copies of those and could have made one available to you. If no longer, you could ask in the event that they have them or the place you're able to desire to receive one. yet there could be something on record interior the county clerk's workplace. and you will ask the clerk of the court docket for a salary garnishment form or in spite of as they often have them. or you could ask them for the form which you record with their financial enterprise which will placed a carry on their financial enterprise debts till they pay you. in the event that they don't have the varieties, they could be waiting to direct you the place to get one. yet maximum courts have a brochure explaining the thank you to do all that.

Answer 4

try URSA,,,, there are interstate laws, not sure of this one,,