If I pay cash for a car to be repaired at a paint and body shop and after a couple days start having blowouts and paint peeling etc... due to the hands of the repair shop. The car is not driveable and I continue to pay monthly payments. What steps can I take to get my refund if I have already filed in small claims court and he was at default??? I have filed a certificate of petition to put a lein on his property but I want to know are there any more steps I can take?
State/Country relating to question: Alabama
I have tried garnishing his bank. He only had $20.00 in his bank. I am assuming it is in someone else name or he keeps the money himself and not deposit it. I have put a seize on his property if he sells it, but that is a big if. I want to know how I can collect????
The only other thing that you could do would be to file motion in court for a "judgment debtor examination." The court issues an order that the debtor appear in court and answer your questions. You can ask about the person's assets. What does he own, and where is it located. Then, you can have the sheriff seize the properties and sell them to cover your judgment. Also, if he debtor makes the mistake of coming to court wearing anything of value or having any cash in his possession, you can ask the court to order the property turned over to the sheriff immediately to satisfy judgment. Sometimes, the debtor will show up wearing a costly watch or gold chains, jewelry, etc.,, and you can get your judgment satisfied practically instantly.There are no official forms to obtain a judgment debtor exam. You may have to visit a county or university law library. See Alabama Code Title 6, Chapter 6, Article 2, Division 3 (Execution); Article 4 (Creditors' Actions). Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
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