What to do if I have recently won a case in small claims court but the defendent has not paid the debt?

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What to do if I have recently won a case in small claims court but the defendent has not paid the debt?

I am trying to figure out how to put a lein on the person’s property or garnish his wages. What forms will I need to fill out and where would I find these?

Asked on October 11, 2012 under Bankruptcy Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you are writing about is the travails of litigation. You won the case and have a judgment but need to collect. In order to collect on the judgment you will need to levy upon the judgment debtor's assets or have a wage garnishment upon him or her.

The best way is to have an order of examination served upon the judgment debtor where you have him or her appear and give testimony as to what assets he or she has for collection purposes.

The best way to get assistance with what you need are as follows:

1. consult with an attorney that does debt collection work;

2. go to your local law library and ask the law librarian to assist you in your endeavor;

3. go down to your local legal aid clinic to see what assistance one of its representatives can provide you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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