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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38234
Experience:  17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have sued someone for $1,000 loan and I won. The case was

Customer Question

I have sued someone for $1,000 loan and I won. The case was won in July 2015 and she has sent payments of $25.00 three different months. The letters/payments were to be signed for. I was not home to sign for the letters so a neighbor signed on my behalf. Now, she has married and PROBABLY gained employment but I am not sure about the employment, I have no proof.
Can I take her back to court and have the judgement attached to her tax return or her current employment? (have her treated like a deadbeat parent)
Do I have to prove she is employed?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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You can't attach her tax refund, as only the government has the authority to do that.. You could levy on a bank account that she had if you could locate one and it had any money in it. This may be hard to do without filing a motion for a debtors examination hearing where you force the person to come to court and answer questions about their finances.

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So a wage garnishment is probably your best bet if you know where the person is employed or can find out. You can have the clerk of the court issue a wage garnishment order to her employer for up to 25% of her weekly wages until the debt is paid..

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But it is up to you to track down her employer or bank accounts as the court just gives you a judgment. It is up to you to find assets to collect it against.

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Rhode Island has a few basic options once a judgment has been sustained. By far the most common is the traditional supplementary process. This requires plaintiff to obtain and serve upon the debtor an execution making payment demand and a citation assigning a hearing date. These two documents are separate in Superior Court, but they are on one combined form in the District Court. On the assigned hearing date, the debtor appears; and if a voluntary agreement cannot be reached, he or she will testify under oath, and the Court will determine his or her ability to pay.

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That is where you can ask about employment, assets, bank accounts, etc. so you can get a wage garnishment or levy served by the sheriff to collect your money..

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thanks

Barrister

Customer: replied 1 year ago.
Does the fact that she has recently married change anything? She says she is unemployed but that is a lie. How am I supposed to prove otherwise?!?
Expert:  Barrister replied 1 year ago.

Does the fact that she has recently married change anything?

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No, her spouse wouldn't become liable for her debts..

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She says she is unemployed but that is a lie. How am I supposed to prove otherwise?!?

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You are running into the ever present problem that is always hard to answer.....how do I get my money? If the person isn't employed and doesn't have any bank accounts or assets, then they may be "judgment proof" at that time.

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The small comfort is that judgments are good for 20 years in RI and accrues interest at 12% a year until paid. So you would have a long time to pursue them for the money and are earning 12% a year until you do..

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thanks

Barrister