Once the Judge
has granted judgment, if the defendant will not pay you, you may
try to collect one of the following ways.
GARNISHMENT - You
may garnishee the wages or bank account of the defendant.
However, you must know the correct name and address of
the employer or the bank.
You would need to fill out a Suggestion for Summons in
Garnishment in the clerk’s office, room 167.
There are fees you will have to pay
for the Garnishment; however, those fees will be added to what
the defendant already owes you.
You will be given a return date to come back to court at
8:45 am to room 167 to collect any monies withheld.
There may be special circumstances for collecting on joint
bank accounts, military and government employees.
Check with the clerk’s office for further information.
(664-4914).
LEVY – You may
request that a writ of fieri facias be issued against the defendant’s
personal property. You
can ask the Sheriff to levy on specific items that you provide
a list of or the sheriff can levy on all personal property allowable
by law. You will
be required to post a bond with the sheriff to enable him to seize
and sell the property and to pay you the proceeds of the sale.
You will also have to pay an initial levy fee
that will be added to what the defendant already owes you.
ABSTRACT
- You may ask that an abstract of judgment (certified copy
of the judgment) be sent to Circuit Court to be recorded against
any real property in the defendants name.
If your judgment is recorded against a deed in the defendant’s
name, he will have to satisfy the judgment before the property
can be sold. There
is an $10.00 fee charged by the Circuit Court when the abstract
is recorded.
If your claim involves
an automobile accident, you may ask that an abstract be sent to
DMV to be recorded against the license of the defendant. There is no fee for this abstract.
INTERROGATORY
- If you do not know of any assets the defendant owns, or where
the defendant works or banks, you can request a Summons for Interrogatory.
You will be given a court date and the defendant will be
served with this date to appear in court and answer questions from
you about his assets. There
are initial fees
that have to be paid at the time of filing and will be added
to what the defendant already owes you.
