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JLYNN3667 · Jan 18, 2008, 10:25 AM

How do I go about garnishing someone's wages that I have a judgement against and they won't pay me?

George_1950 · Jan 18, 2008, 10:30 AM

Garnishment is a suit against the defendant's employer or bank: someone who owes the defendant money. You will need to know where the defendant works or where the defendant banks. Your state will have to allow garnishment. Go to the clerk of court and ask for the forms and any information that may help you. Some states also provide for having the judgement 'recorded', so check into that also, with the clerk of court.

twinkiedooter · Jan 19, 2008, 05:15 PM

Also, when you record the judgment if the person has real estate and goes to sell it, your claim comes first and must be honored before sale is consummated totally. You can check with the county auditor's office to see if they own any real estate also.

Fr_Chuck · Jan 19, 2008, 05:38 PM

Each state in the US has its own laws about garnishment, some allow it, some restrict it, and some don't allow it. If it is allowed in your state, after you already have your judgement, you would return to court and apply for a garnishment, you will need to know where they work and the work place is obligated to pay it from their pay.

getpeaceofmind · Feb 15, 2008, 08:19 PM

Why would you want to garnish wages? Its slow slow and innefficient, and you only get a percentage of the check, if any, depending on your state. Go after bank accounts and vehicles.

Private investigators like myself will help you with this. Check to see if your state has an organization of private investigators, and hire one of them. Make sure you get one who specializes in assets.

Good luck,

JudyKayTee · Feb 16, 2008, 12:13 PM

[QUOTE=getpeaceofmind]Why would you want to garnish wages? Its slow slow and innefficient, and you only get a percentage of the check, if any, depending on your state. Go after bank accounts and vehicles.

Private investigators like myself will help you with this. Check to see if your state has an organization of private investigators, and hire one of them. Make sure you get one who specializes in assets.

Only speaking for NYS but you generally cannot seize a vehicle used to generate income - such as transportation to and from work.

Also, depending on the size of the judgment you have to decide if any of this is worth your while - garnishing income included.

As a landlord I have found over the years that it's just not worth chasing someone around for a smaller judgment. And the tenants know it.

Not saying it's not a option, just saying it's not always feasible.

Fr_Chuck · Feb 16, 2008, 02:15 PM

Originally Posted by getpeaceofmind

Why would you want to garnish wages? Its slow slow and innefficient, and you only get a percentage of the check, if any, depending on your state. Go after bank accounts and vehicles.

Private investigators like myself will help you with this. Check to see if your state has an organization of private investigators, and hire one of them. Make sure you get one who specializes in assets.

Good luck,

I would say that often on smaller claims you will spend more collecting it, esp if you start hiring private investigators. They can be used for many things, but debt collections are not normally a area that is cost efffective.
By the time they mild some hours finding someone, or their money, you still have to do collections.

getpeaceofmind · Feb 16, 2008, 02:43 PM

I have recovered judgments for many, many judgment creditors. A typical scenario would be as follows:

Creditor pays me $250 to locate one bank account. If we find an account with funds, then they would pay an additional $200 to conduct the bank levy. In my state we are also registered process servers, so we are allowed to do bank levies. We would file for the writ of execution, open the file with the Sherriffs office, and serve the bank.

So for a total of $450, the creditor sits back and just waits for the check. If your judgment is $2000 or more, its well worth it.

Certainly if you have a $500 small claims judgment, then this would not be an option. Also consider what happens if you hire an investigator to locate a bank account and there is never more then $100 in the account? Then you still need to pay the investigator the fee to find it. Ouch.

Either way, you will always have an expense. Even if you know where the subject banks or works, you will need to pay somebody to serve the bank levy or wage garnishment.

getpeaceofmind · Feb 16, 2008, 02:46 PM

Or hire and investigator to recover your judgment on a contingency. If its over $2000 you can find PI's who will do this for anywhere between 30% and 60%. And there are no up front fees.

JudyKayTee · Feb 16, 2008, 03:40 PM

[QUOTE=getpeaceofmind]Or hire and investigator to recover your judgment on a contingency. If its over $2000 you can find PI's who will do this for anywhere between 30% and 60%. And there are no up front fees.

In certain States it is illegal for LPI's to work on a contingency basis on ANY matter - too easy to "abuse power" - good way to lose your license in those States - obviously California is not one of those States.