i recently won a civil suit against an individual. How can I find out where he does his banking?
Terrance asked:
I recently won a civil lawsuit. The defendant still refuses to pay. I would like to hirer a collection agency or a lawyer to attck his bank account or garnish his wages. How does a person find out where another eprson does his/her banking?
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I recently won a civil lawsuit. The defendant still refuses to pay. I would like to hirer a collection agency or a lawyer to attck his bank account or garnish his wages. How does a person find out where another eprson does his/her banking?
July 31st, 2009 at 10:13 am
You can request an examination of judgment debtor through the court.
August 1st, 2009 at 9:40 pm
Here is how it works in Minnesota you should have something similar in your state. You need to file a Request for Order for Disclosure with the Court.
HOW DO I COLLECT A CIVIL JUDGMENT?
Getting a civil judgment does not automatically result in collection of the money from the offender. Collecting the restitution can cost you $50 or more in court fees and other fees, so you should consider the amount of unpaid restitution and whether the offender has the ability to pay. Although it is not required, the process can be complicated and you may want to hire an attorney to attempt to collect the money.
If you want to collect the money yourself without an attorney, you will need to know where the offender works, banks, or has other assets. If you do not have sufficient information, you may file a Request for Order for Disclosure with the Court. This form and instructions may be obtained from Court Administration for a small fee. You must wait 30 days after the judgment has been entered to file this form. The Court will issue an Order for Disclosure and mail it to the debtor (the offender) along with a Financial Disclosure Form. The debtor is allowed
16 days to complete this form and return it to you.
It is your responsibility to supply the Court with acurrent address for the debtor. If no response is received from the debtor, you may file an Affidavit in Support of An Order to Show Cause and schedule a court hearing. A judge will issue an Order to Show Cause which directs the debtor to appear in court on the specified date. It will be your responsibility to see to it that the debtor is personally served with the Order to Show Cause. The Dakota County Sheriff’s Office, Civil Division, (651) 438-4780, will serve this for a fee or anyone other than yourself may serve it. It must be served on the debtor personally. It cannot be left at his/her residence with anyone else. The debtor will be required to appear at the hearing and complete the Financial Disclosure form or provide a good reason for not doing so. If the debtor fails to appear, the judge may issue a Writ of Attachment which is a warrant for the debtor’s arrest. If you choose to have this Writ issued, there is a small fee. The Sheriff will also charge a fee for service of the Writ of Attachment.
If you know where the debtor banks or works, you may order a Writ of Execution (small fee) from Court Administration. An Execution is a legal document authorizing the Sheriff to collect money from the debtor’s wages (garnishment) or bank account. The Execution must be issued to the county where the bank or employer is located. Court Administration will mail the Execution to you and you need to take it to the Sheriff of that county to be served. The Sheriff will charge a fee. The Dakota County Sheriff’s Office, Civil Division has forms and instructions for use in Dakota County.
You may have the costs of collection added to your judgment. File a notarized affidavit with the Court stating all the costs and requesting those costs be added to your judgment. Attach a copy of your receipt from the Sheriff to your affidavit.