If I have loaned someone money $7500 and they defaulted so I obtaiend a judgment, how do i collect if I’m out of state?

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If I have loaned someone money $7500 and they defaulted so I obtaiend a judgment, how do i collect if I’m out of state?

I filed, won and was awarded a judgement. He signed the paperwork and the court mailed it to me stating the expiration date and that he was to pay 7.5% interest each year. However, he hasn’t paid me. This was done in one state but I have since moved to another state. I read that I can file a petition for citation but will I have to go back to my former state of residence to do it or can it be done from here? I would like to ask to garnish his wages; he’s working on a farm. I don’t know the address of where he works but I do know his home address. Also, he just recently passed the fireman’s exam. I want to do this once he is hired as a full-time fireman and be added to collect my loan if he ever files bankruptcy.

Asked on January 12, 2013 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you know where the judgment debtor works you need to prepare a writ of execution, a memorandum of garnishee, a memorandum of costs post trial, and levying instructions. You submit the memorandum of costs and the writ of execution to the court clerk for filing and return.

You then provide the civil division of the county sheriff copies of the documents and pay a fee. The sheriff then does the wage ganrishment.

I suggest that you may want to contact your local legal aid clinic for assistance in that debt collection is hard work.


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