Quote:
Originally Posted by CAMOKAT
No you dont. You will have to RTAO to go after assests. Trust me.
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How to Get Your Money
If your debtor is unwilling to pay and you know they have the means, it's time to use your local sheriff. You have three options to collect: a bank levy, wage garnishment, or a real estate lien.
First, you must obtain proof from your small claims court that you have the right to collect. While the name of the court-issued document varies, it is typically called a writ of execution, writ of garnishment, or writ of attachment. Once you have your writ, give it to your local sheriff with instructions on your collection method. Your sheriff will serve papers on the appropriate institution and collect from your debtor.
Seizing money from your debtor's bank accounts is called a bank levy. For this, you need the name of the bank, the account number and the exact name on the account. If the cause of your suit was a business transaction, you may have this information on a credit application. Debtor laws exempt certain accounts from collection. Those include wages, retirement funds and public funds (social security, unemployment). The issue can get even more complicated if the account is joint or shared.
The next method to consider is a real estate lien. If the debtor has property, you can claim part of its value. You can create a lien by registering your judgment with the land records office in the county where the debtor owns real estate. A lien requires patience. You won't get any money until the property is sold or transferred since you will be paid from those proceeds. However, if the owner sells the property, you can collect the judgment, plus post-judgment costs and interests. It should be noted that some states limit the amount that can be collected on a real estate lien.
The third and easiest way to collect is wage garnishment. If the debtor has a job, you can collect up to 25% of his or her wages until the judgment is paid. Give your sheriff or other local official (known as a levying officer) information about the judgment and where the debtor works. This officer will collect the money and give it to you. There are restrictions, however. If the person can prove the money is being used for basic support, you can't garnish his or her wages. The same goes if they are already subject to another garnishment, are a federal or military employee or are on public support.