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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37949
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Debt collection..... I have a court order where someone owes

Resolved Question:

Debt collection..... I have a court order where someone owes me money. The person refuses to pay. The amount is more than allowed in small claims court. I can't afford a lawyer. What are my options in getting the amount paid to me...garnish wages, lien or ...what else and how do I do it?
Submitted: 10 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 10 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

Have you as yet obtained a judgment or not yet? This court order, did you obtain it in small claims or elsewhere?
Customer: replied 10 months ago.

I obtained a judgement from family Court for the person to pay X amount of my legal fees. Was supposed to have been paid in march 2013.

Expert:  Dimitry K., Esq. replied 10 months ago.

Luna,

 

Thank you for your follow-up. If you already have a court order in place, you do not need to file suit further. You have two options remaining--first, you can go back to the court that put in the order and file a 'motion to compel' or even petition for 'contempt of court order'. If the judge agrees, he will then admonish, fine, and even possibly jail the other person until they comply with the decree. The second option is to go to the courthouse in the county where the party resides with a copy of this order and file to domesticate. Once that order is domesticated, then petition for garnishment, bank levy, and judgment lien rights. All expenses from collection are attached to the underlying judgment, so whatever you spend on pursuing this ou could compel him to cover.

 

Hope that helps.

Customer: replied 10 months ago.

I already had the order domesticated in the courthouse in the county that the person lives. Do I petition for garnishment, bank levy and judgement lien rights in family Court?

is there a particular form that i need to get?

Expert:  Dimitry K., Esq. replied 10 months ago.
Luna,

You can petition for all three of those options. I am unaware of a specific form but I can take a look--in what county are you seeking to file?
Customer: replied 10 months ago.
Lee County FL
Expert:  Dimitry K., Esq. replied 10 months ago.
Thank you for your follow-up, Luna.

Such forms do not appear to exist--they are not on the county form database:

http://apps.leeclerk.org/Forms_Index.asp

I would instead suggest that you contact the law library at the courthouse and ask the law librarian for a template and then modify it for your own needs. Such templates exist, but they tend to be county specific, which is why a local law library would be your best bet in this instance

Hope that helps.


Sincerely,

Dimitry, Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37949
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 3 other Legal Specialists are ready to help you

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