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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 46518
Experience:  Attorney with 29 years of experience.
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How do I go about collecting on a final default judgment I

Resolved Question:

How do I go about collecting on a final default judgment I just received?
Submitted: 3 years ago.
Category: Legal
Expert:  Richard replied 3 years ago.

Good evening. Once you get your judgment, your next step is to have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court and answer questions under oath about his assets. After you obtain that information you have the power to garnish wages, attach bank accounts, and/or have the sheriff seize other personal property to satisfy the debt.

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 3 years ago.
I know where she banks and where she works, does that streamline the operation?
Expert:  Richard replied 3 years ago.
Yes...you can go straight to the bank and place a lien on her account.
Customer: replied 3 years ago.
How do I do that?
Expert:  Richard replied 3 years ago.
Take your judgement to the bank and tell them you need to attach the account holder's account. They will take it from there.
Customer: replied 3 years ago.

I was told by a lay person in the county clerk's office that the judgement has to first be recorded, is this correct, and if so how is that done?

Expert:  Richard replied 3 years ago.
I thought you would have already done that when you received it...you simply take it to the county records where you got your judgment and ask the county clerk to record it. There is a small fee.
Richard, Attorney
Category: Legal
Satisfied Customers: 46518
Experience: Attorney with 29 years of experience.
Richard and 4 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
I received the judgment in the mail, is that what I take to the clerk's office and can this be done by mail?
Expert:  Richard replied 3 years ago.
Yes...take that down there...it's best you do this yourself or have a messenger service do it for you.
Customer: replied 3 years ago.
I am leaving town for several months will that be a factor in the arrangements?
Expert:  Richard replied 3 years ago.
You can do this before or after. I would suggest trying to get this done before so the person against whom you have your judgment doesn't start hiding assets.
Customer: replied 3 years ago.
What do I need to present to her bank in order to attach her funds?
Expert:  Richard replied 3 years ago.
I don't know what more I can add....as I mentioned earlier, you take your recorded judgment to the bank. I will opt out now in hope that another expert has additional input. Take care.
Customer: replied 3 years ago.
I went to the bank with the recorded judgment as you said and they laughed at me, they told me I needed a bank garnishment with a $100.00 dollar deposit, and that it had to be officially served by someone other than myself. I accepted your answer by mistake, how to I get my money back?
Expert:  Richard replied 3 years ago.
I will request your refund for you. You did not get the proper person at the bank....I've probably done this 50 times in 2011 already. But, that's neither here nor there. I will be happy to request a refund for you. Take care.
Customer: replied 3 years ago.
The person I talked to was a lawyer from their legal dept. ( bank of america)
Expert:  Richard replied 3 years ago.
I requested your refund. My son works for BofA...I just talked to him about this issue. He told me exactly what I told you previously, but again, it makes no difference...your refund has been or will be processed and this little exercise will not have cost you anything. There is really no need to beat this to death.

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