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    freewill222's Avatar
    freewill222 Posts: 2, Reputation: 1
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    #1

    Mar 6, 2011, 06:22 PM
    How to garnish when you have a judgement?
    I live in Tennessee. The court recently ruled in my favor for a judgement in the amount of $5000 against this man. I do not know his employer, but he does have a marshall arts school/business on the side with his wife. He also puts on fights regularly for which he makes a generous amount of money. I believe their home is in his wife's name. Can I garnish earnings from their business? Can a lien go on their house if it is listed in the spouses name only? How do I go about getting money from his marshall arts business or from the fights he sponsors? Can I get to his tax refund if he gets one?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Mar 6, 2011, 07:08 PM
    With a writ of execution, a process server might be able to do a "till tap" for you, seizing the contents of his cash register, or other business receipts.

    You cannot put a lien on the house if it doesn't belong to him.

    And no, tax refunds, until he receives them, cannot be garnished.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 6, 2011, 07:17 PM

    Is the business in his name, is it owned individually or is it a corporation.

    If he owes you the money personally, and the business is a corporation, you can not garnish any of the business money.

    So that is the first thing, who owes what, and how is it owned.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Mar 6, 2011, 08:23 PM
    Quote Originally Posted by Fr_Chuck View Post
    ... If he owes you the money personally, and the business is a corporation, you can not garnish any of the business money. ...
    But you could, if he is sole owner of such corporation, first "sieze" the corporation, and take it from there.

    And a LLC would probably be easier than that.
    freewill222's Avatar
    freewill222 Posts: 2, Reputation: 1
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    #5

    Mar 13, 2011, 06:33 AM
    How would I find out the legal status of the business (if it's a corporation, LLC, etc)? I doubt it's incorporated frankly, but imagine he owns it jointly with his wife.
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    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Mar 13, 2011, 07:18 AM

    You will need to find out where they bank and also where he works and then though court file a motion to garnish his wage at work, and all of his bank accounts.

    Thus the reason, it is often easy to get a judgement, few are ever collected. So now you need to find out more about them,
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