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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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