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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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I won a case which I was awarded payment. I had to take subsequent

Resolved Question:

I won a case which I was awarded payment. I had to take subsequent steps to garnish wages and the person was fired from that job due to the fact they don't tolerate leagal issuses.... So what can I do now? Can I have him arrested for not following court orders? What can I do or what is my next step?
Submitted: 4 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 4 years ago.

J.Hazelbaker :

Hello.

J.Hazelbaker :

Thank you for using JustAnswer.

J.Hazelbaker :

Alabama courts are hesitant to incarcerate a defendant in a civil matter. Only when you can establish a pattern of disobedience to court orders will a court consider such a penalty.

J.Hazelbaker :

However, you do have access to court tools and powers to compel the judgment-debtor to respond.

J.Hazelbaker :

The first is a "discovery in aid of execution". This is where the court gives you the power to send demands for documents and information from the person. The person is required to respond truthfully. If they don't, then you can then seek to compel. If the person still doesn't respond, then the court will begin to consider sanctions such as fines and/or jail.

J.Hazelbaker :

The clerk of court usually has the forms and instructions to file and serve your aid in execution requests. Usually, this involves "interrogatories" or written questions that must be answered under oath. You can ask questions such as where the person works, banks, what assets they have and where they are located, etc.

J.Hazelbaker :

You can then get a "writ of execution" to levy/seize those assets (e.g. freeze and garnish a bank account).

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

Customer: He has nothing but a car that he has hidden to keep me from repossessing it. No checking or savings.
J.Hazelbaker :

But, by undertaking the discovery request process you do three things:

J.Hazelbaker :

1) you keep the pressure on him

J.Hazelbaker :

and

J.Hazelbaker :

2) you force him to either respond or not, setting the stage for your motion to compel

J.Hazelbaker :

and

J.Hazelbaker :

3) you put him in position of having to supplement his responses should his situation change. If he does gain assets or become employed and he does not inform you of the fact, you, again, set the stage for a motion to compel.

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