How can I collect money from a judgment when the debtor is an independent contractor?

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How can I collect money from a judgment when the debtor is an independent contractor?

I was awarded money about a year ago after I was not paid by a former employer. I began to garnish wages from his job, but he was fired shortly after and I only received a fraction of the money. I recently found out where he is working, but his new employer said that he is paid as an independent contractor and that I would not be able to garnish his wages through their company. I also have his account number from a 2009 check, but the bank will not tell me if the account is still active or if he even has an account there. What can I do to get the rest of my money?

Asked on January 10, 2011 under Bankruptcy Law, Oregon

Answers:

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

Answered 10 years ago | Contributor

You have a right, as a judgement creditor, to try and obtain payment of the money through all the available method under the law.  They generally include not only garnishment but levy on personal bank accounts, levying on personal property and liens on real property.  As for the bank accounts what you need to do s to probably obtain a restraining order on the account as to the amount remaining on the judgement.  This is done by serving the banks in question.  You do not necessarily have to know the bank account number.  And I would serve not only that bank that you know of but all others in the area.  You can also get help from the Sheriff in obtaining personal property.  Good luck.


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