CanI garnish a third-party payment if someone is self-employed?

I won a judgement against my former employer, an attorney, for unpaid wages. I was awarded a judgement in the amount of $2300, plus interest beginning on 07/04/08. However, I have received no money. The attorney that I used to work for practices under their name; they do not work for a firm or group. They heavily rely on state appointed cases and that is the mainstay of their income. Do I file a garnishment with the State Comptroller who issues payment for the attorney’s court appointed cases? The sued party’s employer usually garnishes but about in the case of self-employment?

Asked on December 22, 2010 under Bankruptcy Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I can certainly see the predicament that you are in in attempting to collect through garnishment.  Is there another form of collection that may be better for you?  Live levying on his personal property? Like a car?  Many times that can be done through the help of the Sheriff or Marshall's office in the county in which you live.  The Marshall will actually take the property and do what is necessary to allow you to fulfill the judgement.  I am not sure that the State Comptroller will honor the judgement but I bet that if you called up there and kept asking to speak with supervisor over supervisor you may get an idea of your ability to use that method of collection here.  A lien against a house or levying on a bank account works too.  Good luck.


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