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Need to find out where a person works to file a writ of garnishment

Asked Aug 28, 2008, 11:20 AM — 8 Answers
I am suing someone who defaulted on a personal loan. I have been awarded a final judgment. I want to file a writ of garnishment against this person and need to find out where they work to proceed. How do I get that info if I have all their other personal information,e.g.., ssn, home address etc? The claim is in the amount of $12,120.00. So it's not small claims, but probably the same process.

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JudyKayTee's Avatar
JudyKayTee Posts: 45,342, Reputation: 23508
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#2

Aug 28, 2008, 12:22 PM
Quote:
Originally Posted by mam050352
I am suing someone who defaulted on a personal loan. I have been awarded a final judgment. I want to file a writ of garnishment against this person and need to find out where they work to proceed. How do I get that info if I have all their other personal information,e.g.., ssn, home address etc? The claim is in the amount of $12,120.00. So it's not small claims, but probably the same process.


For that amount I'd ask a Private Investigator, someone with a license, to run a check. Employment - if it's more than 6 months - will "probably" appear.

Or the LPI will follow the person to his/her place of employment.
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hirshthg's Avatar
hirshthg Posts: 3, Reputation: 1
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#3

May 7, 2012, 12:08 PM
you could also file for a "income execution". The trouble with that is , you need know the amount that of their salary in order to file with the county in order to file a "income execution" against this person to collect it.
in my understanding, most people get very little money through income execution
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JudyKayTee's Avatar
JudyKayTee Posts: 45,342, Reputation: 23508
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#4

May 7, 2012, 12:34 PM
This is from 2008 - if you don't know where a person works, how do you know the person's salary?
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hirshthg's Avatar
hirshthg Posts: 3, Reputation: 1
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#5

May 7, 2012, 12:55 PM
that is the first problem, finding out where someone works,

however the is the next problem is what i am working with now.
and i am looking for ways to pinpoint the exact amount of salary in order to file the income execution correctly.
the option i am perusing is to subpena the employer to provide me with records of salary.
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JudyKayTee's Avatar
JudyKayTee Posts: 45,342, Reputation: 23508
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#6

May 7, 2012, 05:28 PM
You answered a question. You didn't ask one.
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hirshthg's Avatar
hirshthg Posts: 3, Reputation: 1
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#7

May 8, 2012, 07:04 PM
i didn't ask a direct question, but i also didn't find one.
the question above is close enough to be relevant?

I went down to the county cleric today, and they said that even if i only think i know where someone works and approximately what they make, along with their job title, they will fill out a income execution paper, and have the sheriff serve it. they only ask these questions to show that they do not provide finding where this person works for me.

so now that i know where my guy works and around what he makes (give or take $100,000), i should be in business
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AK lawyer's Avatar
AK lawyer Posts: 9,916, Reputation: 4207
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#8

May 8, 2012, 09:09 PM
Quote:
Originally Posted by hirshthg View Post
...
I went down to the county cleric today, and they said that even if i only think i know where someone works and approximately what they make, along with their job title, they will fill out a income execution paper, and have the sheriff serve it. they only ask these questions to show that they do not provide finding where this person works for me.

so now that i know where my guy works and around what he makes (give or take $100,000), i should be in business
Please understand that procedures vary from state to state, county to county, and often from judge to judge.

For example, the procedure with which I am familiar is to get a writ of garnishment against the employer, which requires the employer to report exactly how much the judgment debtor/employee is making. As you probably know, there are Federal restrictions on wage garnishment which limits it to something like 25% of wages, or a certain amount (based upon the poverty gudelines (something like that; anyway there is a formula)).

And, to find out where the judgment debtor is working, institute the appropriate post-judgment discovery (again, varies depending on location) and make him tell you.
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pitbullpussy's Avatar
pitbullpussy Posts: 1, Reputation: 1
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#9

May 16, 2012, 06:37 PM
conduct a judgement debtor's examination, be sure to also file and serve a application an order to produce statement of assets and to appear for examination. a blank judgment debtor's statement of assets form should be attached to the copy you have served on debtor.
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