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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102350
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I recently won a judgement of just over $4000 in small claims

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I recently won a judgement of just over $4000 in small claims court. I received a financial disclosure stating he was poverty level. He just put a Harley and an 04 Pontiac up for sale on Craigslist, these items were not on his statement is there anything I can do about this?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Please explain about the financial disclosure.

1) Do you mean you sent a post-judgment request for disclosure, and they sent back claiming poverty?

2) Have you attempted to file a writ to garnish/levy/attach anything, yet?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.
I received a statement say they only made $10 and $8 an hour and they have 5 children. He is going to jail later this month on his fourth drunk driving so wage garnishment isn't an option. They rent a house, only one car.
Thank you, M.

Have you attempted to file a writ to garnish/levy/attach anything, yet?
Customer: replied 3 years ago.
Yes, I tried a writ of execution on the motorcycle but was told I needed a court order. He is hiding items. I'm not interested in 20 percent of $10 an hour,how do I get my hands on the Harley? He's in Wisconsin.
Thank you, friend.

Right, you do need a court order. One cannot simply file a writ and go after the property.

Once you have a judgment, there are several ways to enforce it:

1) Garnishment of 25% of any wages;
2) Levy of a financial account;
3) Lien on any titled property; and/or
4) Attachment of non-exempt property for auctioning off for satisfaction of judgment.

It sounds like you are interested in the last one. See here and scroll down to Other Types of Levies. You'd need a Writ of Execution - see here and here.

One files the execution writ, serves the other party, and has a court hearing. If he denies having the item(s), have with you a copy of the Craigslist ad to show that he does. The Court would then make him state where it is under threat of contempt, and once it is located, it may be seized.

Good luck.

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