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Hi there, I have a court judgement against another gentleman

Hi there, I have a court...
Hi there,

I have a court judgement against another gentleman in the amount of $5,000. However, this gentleman is self-employed, and I do not know his bank accounts. The information I have for him includes his phone number, home address, copies of his social security card and driver's license. What are the option for me to enforce the court judgement? If file garnishment, he does not have employment, there is no way to wage-garnishing; and I do not have his bank accounts, then do not know if I can file bank account garnishing, either. Plus, for the later option, he could very well be living on cash-based life without a bank account. If so, what options do I have left?

Thanks,

Bill
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Answered in 6 minutes by:
5/23/2013
Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34,054
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
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JD 1992 : Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
JD 1992 : The first thing you need to do is file "Post-Judgment Discovery" to locate all of his financial information.
JD 1992 : There is an example of these at http://www.georgiacourts.org/councils/magistrate/public%20forms/mag%2014-05%20post%20judgment%20interrog%20and%20notice.pdf
JD 1992 : Those are from a GA court but the content is the same.
JD 1992 : You can add other questions to those as well.
Customer: cannot really open the link or pdf file of your example.
Customer: Copy & paste, but gave error 404.
JD 1992 : It works for me, not sure what the problem is. However, you can go to the GA courts website, then work your way down to the magistrate courts and find the forms
JD 1992 : Or go to google and type in the following search terms
JD 1992 : ks post judgment discovery
JD 1992 : That link I gave you is the 7th one down and there are some other there as well.
JD 1992 : Don't worry about where they are from. All states allow these type of questions.
JD 1992 : The website is showing you are offline so I will exit to assist others.
JD 1992 : Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information. Also, issuing a positive rating keeps the question from “timing out” so you can return in the future if you think of a follow up. However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you on a future question just put “FOR JD 1992” in the subject line and I will pick up as soon as I see it.
Customer: Ok, roughly gone through the file you referred, and here are some following questions: 1). If I get his financial info, do I need to file garnishment? 2) what if he indeed lives on cash (quite likely based on my guess)? Can I put lien on his properties, like cars and house? If so, how? 3) In fact, I filed the original case in the county where the problem happened, which is in a different state (he lives in Kansas State, where he installed a new roof for my office building, which is in Missouri State, although they are only 10 minutes away). The judgement I have now is not effective in Kansas State. What do I need to do before I file post-judgement interrogatories? Thanks.
JD 1992 : 1) Yes, if he has anything you can reach or if you want to garnish wages. 2) The judgment acts as a lien on the real property but there is no way to put a lien against his vehicles. You would want to file a copy of the judgment in the county land records where he has property. 3) You would have to file a lawsuit in the state where he lives to "domesticate a foreign judgment". I don't know of any place that has those kinds of forms so you may want to consider hiring a lawyer to do that in the new state. You can also ask that those lawyer's fees be added onto the judgment.
Customer: In either case, can you refer to me some documents that give instructions for me to go in each scenario?
JD 1992 : FOr Kansas go to this link http://www.ncsc.org/topics/access-and-fairness/self-representation/state-links.aspx?cat=Court%20Forms#Kansas and then look on that page for links to court forms. I can't recommend any in particular since I don't know if they have been updated and those would be a little trickier than the ones we discussed earlier.
JD 1992 : You may also want to look at <a target="_blank" href="http://lztrk.com/?a=2177&c=15&p=r&s1=">this site</a>
JD 1992 : Sorry, Legalzoom.com
Customer: For instance for the situation of 2), what are the process of filing a copy of judgement in the county land records where he has property?
JD 1992 : You just take a certified copy of the judgment to the county clerk and ask them to file it.
JD 1992 : No form necessary.
JD 1992 : I looked at that first link I gave you and see some KS garnishment forms, etc.
Customer: I know where to get the garnishment forms, but I cannot file it until I can re-register the judgement in KS and to have the financial info for this person.
Customer: Or at least that was someone told me, to just register a judgement from another state, not to refile the claim.
JD 1992 : That would be correct. You could contact the clerk of court in the county where you want to file the judgment for recognition and ask if anyone has filed a case there to register a foreign judgment. If they have then you can get them to send you copies of the file.
JD 1992 : It's not really registering it you have to file to have the court formally recognize it and enter it as a judgment in that state.
JD 1992 : Otherwise you can't successfully garnish or seize any property there.
Customer: Yes, I did ask the court clerk, but they would not help me for what to do to register a foreign judgement. I could not even find a lawyer who does this kind of work locally!
JD 1992 : That's unusual. Go to www.lawyers.com and look for a lawyer that does either debt collection or civil litigation and they should be able to assist.
JD 1992 : There is some info here http://lawlibrary.jocogov.org/pForms.htm
JD 1992 : I don't know whether it is valid or not but from the source I would say that it is pretty safe.
JD 1992 : The act that describes what you need to do is http://kansasstatutes.lesterama.org/Chapter_60/Article_30/
Customer: Do you happen to know the steps of register a foreign judgement in any states?
JD 1992 : They vary by state. I know how to do it in Texas and you can track that statute that I just gave you for KS and you would be safe.
Customer: which one? I may have missed.
JD 1992 : If you use that statute and that last link I gave you with the affidavit you should be safe. I'll put those below.
JD 1992 : The statute is at http://kansasstatutes.lesterama.org/Chapter_60/Article_30/
JD 1992 : The forms are at http://lawlibrary.jocogov.org/pForms.htm
JD 1992 : From reading the statute it appears to be much easier than it is in most states.
Customer: Does it vary by counties as well or it should be the same in all KS? The person lives in Wyandotte county, KS.
JD 1992 : It is the same across the state. They may have a different cover sheet or something but that is minor.
JD 1992 : Just get a certified copy of the judgment from your court to register.
Customer: Ok, thanks. I'll have to digest what you have said, but it should be it for now. Thanks again!
JD 1992 : You're very welcome. Please don;t forget to leave a Positive Rating so I get credit for my work. That will also lock the question open and it will no longer time out in case you think of any follow ups.
JD 1992 : Bye!
Customer: Sure, bye!
Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34,054
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
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