If I won a small claims judgement against someone, can I take them back to court in order to get their bank account number?

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If I won a small claims judgement against someone, can I take them back to court in order to get their bank account number?

It’s been close to a year now and they keep telling me that they are going to have the money on a certain date, however when that date comes I never see it. I need to know what all I can do to be able to get them back into court to get the money without having to get a lawyer to do it for me.

Asked on May 19, 2014 under Business Law, Virginia

Answers:

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

Answered 6 years ago | Contributor

Generally speaking, the law allows for a judgement creditor to serve an informational subpoena and allows a creditor to take the deposition of the debtor for such purposes.  These laws vary from state to state.  I would file your judgement in the County Clerk and look in to garnishing wages.  Sometimes to can serve a restraining order on banks around where the party lives (one is likely to bank close to home or work) in the hopes of finding an account.  Speak with the clerk of the Small Claims Court and ask about any informational pamphlets or try your local bar association as well.  Good luck.


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