I recently won a settlement in a small claims case, but he lives in another state in the west coast. I went out there to sue him and we settled out of court and now he has missed the first payment. I need to know what to do next. I am supposen to garnish his wages or assests from what I have been told, so how do I go about doing this? Please let me know. Thanks Trianne

If you settled out of court, was there a judgment placed against him?

If there is no judgment, there can be no garnishment.

If you did obtain the judgment, you will have to obtain the garnishment forms from the courthouse where the judgment has been recorded.

You will also have to have them served upon the employer and the debtor as well.

Quote:

---

Originally Posted by progunr

If you settled out of court, was there a judgment placed against him?

If there is no judgment, there can be no garnishment.

If you did obtain the judgment, you will have to obtain the garnishment forms from the courthouse where the judgment has been recorded.

You will also have to have them served upon the employer and the debtor as well.

---

Okay but what if I do not know his employer... I have his bank acct info..?

If you have his bank account info, you go back to the court and ask them to issue a writ of attachment on the account. You then serve the writ on the bank.