I have a $3000 court judgement against a couple. I have recorded the judgment in their county of residence, but I will only collect if they go to buy/sell their home or any property in that county, correct? They actively sell property on Ebay under a storefront (dba but not an LLC, PC, etc). Is there a way to garnish these wages if my judgment is against them as individuals and not as their bank account lists them under the dba?
2007-02-28 04:50:33 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Does it do me any good to record the judgment in the other counties where they are selling additional properties?
2007-02-28 05:00:21 · update #1
If your judgment is against them as an individual, then that judgment allows you to collect against them as sole proprietors as well. Unless they have properly filed as an LLC, or some other type of limited liability business entity, (corporation, for example), if you garnish their bank account, you should be able to collect, even if they do business as a DBA. In many states, DBA simply is the name under which they do business. It gives them no legal protection.
You might want to consult an attorney in the state where you registered the judgment and ask if he/she would assist you with collecting the judgment. They would probably do so either for an hourly rate or a portion of the amount collected. For a referral, contact the local or state bar association where the judgment is registered.
2007-02-28 04:59:35 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
YOu might want to invest in an hour with a local atty. YOu have done the correct thing and filed against the property; but only a local atty will be able to advise you if you have grounds to attempt to garnish income from the storefront. It varies from state to state; I'm thinking probably not though.
2007-02-28 04:55:01 · answer #2 · answered by wizjp 7 · 0⤊ 0⤋
If he owns a house or sources you'll be able to place a lien on it and collectively because it extremely is presented you would be paid from the court docket circumstances. We waited approximately 8 years on a small claims settlement, yet constructive sufficient quicker or later they did sell their residing house and we did get a be certain.
2016-11-26 20:28:07 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Have you placed a lien on their real property? If not, do so. The problem with judgments is they don't ensure collection. I don't see how you can garnish wages when they seem to be self-employed.
2007-02-28 04:55:29 · answer #4 · answered by beez 7 · 0⤊ 1⤋
Wish you all the luck in getting your money but there not much more you can do.
2007-02-28 04:59:53 · answer #5 · answered by Dallas S 4 · 0⤊ 0⤋