I won a small claims case. The judge ordered defendent to make monthly payments to me. She made one payment and has refused to make any more. I know defendent has a job. Am i allowed to garnish her wages, and if so, which form do I have to file with the court clerk?
2006-11-14 07:36:36 · 3 answers · asked by Mery J 1 in Politics & Government ➔ Law & Ethics
The court can order garnishment, if the person doesn't pay on their own. What you could do is petition the court for such an order, and explain why it's necessary.
2006-11-14 07:41:14 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
The answer to your question depends on many factors which you did not relay in your question. You should seek the advise of a lawyer in your area.
Generally, to collect on a judgement, you can file a writ of garnishment. Different jurisdictions have different ways of filing for or obtaining such a writ. Whether you can file for the writ may depend on the terms of the judgment; if the judge ordered payments, you may have to go back to the judge and ask for a contempt order, or a revision to the judgment. You really should seek the help of a lawyer in your area.
2006-11-14 07:56:40 · answer #2 · answered by www.lvtrafficticketguy.com 5 · 0⤊ 0⤋
Yes. You'll have to go back to court and ask for an order.
2006-11-14 07:55:46 · answer #3 · answered by Anonymous · 0⤊ 0⤋