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iyania · Jul 22, 2008, 07:01 AM

I was awarded a default judgment against an unmarried couple in Spalding County, Georgia on 12/28/07. Her wages have been garnished since Feb 08. I believe I located his new employer where he has been employed since 4/1/08. Since becoming employed there he has changed his 1st name (changed name illegally to evade prosecution, child support arrears, school loans, my default judgment, debts). My question is this: If Home Depot hired "john smith" on 4/1/08 then he changed his 1st name to 'muhammad smith' on 7/10/08 and Spalding court's constable serves Home Depot with a continuing wage garnishment for 'john smith's' does Home Depot have to comply with the wage garnishment/court order? I am thinking Home Depot has to comply since both names (John and Muhammad) Smith are the same person and was/is their employee when he had both names. Can anyone clarify. I'd greatly appreciate it.

ScottGem · Jul 22, 2008, 07:21 AM

Do you have a social security number? Unless you have proof that they are the same person, Home Depot may be within its right to refuse the garnishment order.

iyania · Jul 22, 2008, 07:28 AM

Yes I have Social Security # unless he was somehow able to illegally change that as well. This guy is a convicted felon who has done many desperate things in his 42 yrs on earth. I also have date of birth and former address and possibly current address.

ScottGem · Jul 22, 2008, 07:34 AM

Then you have enough to positive identify him and serve the writ of garnishment on his employer.

JudyKayTee · Jul 22, 2008, 07:37 AM

Originally Posted by ScottGem

Then you have enough to positive identify him and serve the writ of garnishment on his employer.

And I would serve it as "John Jones" a/k/a (also known as or else use f/k/a - formerly known as) "Tom Smith."

Women get married, their names change legally, they still get served because they have the same SS number.

If somehow this person is using two SS numbers, well, then you have a problem.

I do not know about anything but NYS but in NYS when you change your name you have to sign an oath that it is not for purposes of evading criminal or civil prosecution or debt - and if this person is avoiding paying debts I would say they have lied and that is a felony, at least "here."

iyania · Jul 22, 2008, 07:56 AM

I have a default judgment against someone in Spalding county for 8 months now. I believe he has recently changed his 1st name. Are name changes public record in Georgia? Was told they are but when I spoke with a Fulton County rep (he may be living back in ATL) she said a person who is changing their name can ask to keep the information private. This doesn't make sense to me. As I research online for Spalding county, Georgia & surrounding county courts their name change procedures state the person changing their name has to list it in the newspaper once a week for 4 weeks, etc so how can anyone ask to keep their name change private.

I also know he lied when submitting the documents to the court and Judge. He is ONLY changing his name to avoid prosecution. He is a convicted felon from Chicago his drug dealing & gun possession charges were not expunged but he got his other charges sealed somehow. Since relocating to GA 5 yrs ago he has been convicted for writing bad checks in Clayton county, GA, has 3 warrants in Dekalb county (3 more tickets will turn to warrants soon too), child support arrears, defaulted school loans, my default judgment and numerous other debtors chasing him. Bankruptcy is NOT an option because his debts are non-dischargable (my judgment is based on fraud he committed against me) - so he figures by changing his name he can run & hide. His next step is to change his last name. He told me "muslims have a way of changing their identity so no one can find them." I believe he uses this muslim thing as a front but who knows with this clown. In Chicago during 99' or 2000 he changed his last name from his mom to dads last name. I believe he did it to hide due to his criminal past there and because he lied to a grand jury about a murder he witnessed and recanted his testimony. He has 5 children with 4 women and his babies mama has 4 children with 4 different men. They have been together 4 yrs and have been defrauding Section 8, welfare, food stamps, medicaid, IRS and unemployment while we taxpayers support their family. A REAL LIVE JERRY SPRINGER EPISODE!!

iyania · Jul 22, 2008, 08:06 AM

Thanks so much for your replies you guys/girls ROCK!! I was thinking I would have to start the entire court process all over again and have his NEW name listed on the default judgment and wage garnishment. I know he has to repay me ALL court fees but I do not want to put out any more of my money.

NowWhat · Jul 22, 2008, 08:18 AM

Do you have his social security number? That can't be changed, so you still should be able to find him.

JudyKayTee · Jul 22, 2008, 08:21 AM

Originally Posted by iyania

Thanks so much for your replies you guys/girls ROCK!!! I was thinking I would have to start the entire court process all over again and have his NEW name listed on the default judgment and wage garnishment. I know he has to repay me ALL court fees but I do not want to put out any more of my money.

Come back and let us know how it works out - OK?

Anyway - come back and post and share. We all learn from each other.

iyania · Jul 22, 2008, 08:26 AM

Yes I have name, rank & serial # ;-) Seriously though, I have SS#, DOB, former addresses in GA & Chicago

NowWhat · Jul 22, 2008, 08:29 AM

I am guessing here, but on his credit report, it should show former names.
When I got married and then bought a house 2 years later, it showed my maiden name under "also known as" section.

iyania · Jul 22, 2008, 08:29 AM

I most certainly will keep you updated - thanks from the bottom of my heart. As of 8/2 $2000 will have been garnished & sent to me - they owe $5848 & $219 court fees and 10.75% - some people NEVER learn.

iyania · Jul 22, 2008, 08:33 AM

Hmmm good answer that makes sense. But since I have not used a lawyer with my small claims lawsuit I doubt I could get a copy of his credit reports. I wonder if a private investigator or lawyer would be able to do this. He would have changed his 1st name recently so I also wonder how long it takes before showing up on the reports.

ScottGem · Jul 22, 2008, 08:33 AM

I've merged your two threads since they deal with the same issue.

George_1950 · Jul 22, 2008, 08:37 AM

Originally Posted by iyania

...I believe he has recently changed his 1st name. Are name changes public record in Georgia? Was told they are but when I spoke with a Fulton County rep (he may be living back in ATL) she said a person who is changing their name can ask to keep the information private. This doesn't make sense to me...."

I can confirm your research: "Within seven days of the filing of the petition, the petitioner shall cause a notice of the filing, signed by him, to be published in the official legal organ of the county once a week for four weeks." And, the petition is filed in the superior court of the county of his residence. See: Georgia Name Change Forms and Name Change Law
You should look for an order of court in his county of residence and be able to locate the legal notice in the 'legal' newspaper. It is supposed to be "...published in the official legal organ of the county once a week for four weeks".

JudyKayTee · Jul 22, 2008, 08:39 AM

Originally Posted by iyania

Hmmm good answer that makes sense. But since I have not used a lawyer with my small claims lawsuit I doubt I could get a copy of his credit reports. I wonder if a private investigator or lawyer would be able to do this. He would have changed his 1st name recently so I also wonder how long it takes before showing up on the reports.

Good idea but in this case you really don't need his credit report - prepare it as I suggested (a/k/a or f/k/a) and serve it. As long as the SS number is the same it doesn't matter.

(The credit report would be good to verify your information but I'm not sure you need verification. Also, name changes are in most States public record. You could always check with the local Court.)

iyania · Jul 22, 2008, 08:54 AM

If it turns out I was given the wrong information about where this guy is now working. Does anyone know how I might be able to find his new employer if I have his SS#, DOB, present and former names, addresses, previous phone #'s, etc. Wasn't sure if Private Investigator is only option. I asked a Florida PI and he said 'survalence' is my only option. I would like to get his wage garnishment served and started ASAP. Her wage garnishment ends 8/2/08 and it's his turn to repay the remainder of the default judgment.

George_1950 · Jul 22, 2008, 09:08 AM

Originally Posted by iyania

If it turns out I was given the wrong information about where this guy is now working. Does anyone know how I might be able to find his new employer if I have his SS#, DOB, present and former names, addresses, previous phone #'s, etc....

If you have his address, you can mail interrogatories; if he refuses his mail, have them served by the sheriff or marshall. See: http://www.waltoncountyga.org/MagCt/...040408_000.pdf

JudyKayTee · Jul 22, 2008, 09:12 AM

Originally Posted by iyania

If it turns out I was given the wrong information about where this guy is now working. Does anyone know how I might be able to find his new employer if I have his SS#, DOB, present and former names, addresses, previous phone #'s, etc. Wasn't sure if Private Investigator is only option. I asked a Florida PI and he said 'survalence' is my only option. I would like to get his wage garnishment served and started ASAP. Her wage garnishment ends 8/2/08 and it's his turn to repay the remainder of the default judgment.

I'd go with the PI - get an hourly rate, find out how many hours he/she estimates it will take (and, of course, that's only ballpark). Even if the PI has a source it will take some time for the payroll info to hit SS so surveillance is a good option, particularly because you are in a hurry.