Winning a Lawsuit: Navigating Collection Challenges and Successfully Garnishing Wages

The thrill of winning a lawsuit can be quickly overshadowed by the challenge of actually collecting on the judgment. Personal experience can offer valuable insights into the complexities of the legal system when pursuing payment from a judgment debtor. In this article, we'll explore the tools and strategies used to successfully collect a $5,000 judgment against a contractor through wage garnishment, highlighting the importance of understanding your state's laws and court procedures.

Unique Case: A Contractor Refuses to Pay a Small Claims Court Judgement

My journey began when I won a $5,000 judgment against a contractor in a small claims court after a dispute over a construction project. However, the journey to collect this money proved equally challenging. The contractor diligently refused to pay any amount, stating he had zero assets to put a lien on. Most of his equipment and other assets were registered under his wife's name, making it difficult to access these resources.

Understanding Community Property Laws

As the court system could not enforce payment, I turned to legal advice from a friend of mine who was an attorney. He informed me about the community property law in my state, which states that a spouse's wages are considered community property. This revelation opened up new avenues for collecting the judgment.

Filing for Wage Garnishment

With this knowledge, I filed a motion to compel the contractor's wife's employer to garnish her wages. The state supreme court had ruled 15 years prior about the enforceability of community property laws, and this ruling provided solid legal grounds for my action.

Locating the Employer and Garnishing Wages

When I discovered that the contractor's wife worked as a flight attendant, I contacted her employer directly. To my surprise, the employer had a designated hotline for garnishment requests. I faxed over the court order, initiating the wage garnishment process.

For several weeks, I didn't hear anything, fearing the employer was ignoring my request. Then, one day, a check for $750 arrived in the mail. This was just the beginning. By the time I had collected the full judgment amount plus interest from the date of the judgement, I had received $750 every two weeks for six weeks.

Laboratory of Legal Insight: Lessons from the Case

From this experience, several key lessons emerge:

1. Locating Assets

The success of wage garnishment depends heavily on identifying the defendant's employment status and income sources. In this case, understanding the contractor's wife's occupation and contacting her employer directly enabled the successful garnishment of her wages.

2. Understanding State Laws

Knowledge of state-specific laws, such as community property laws, can significantly impact the strategy for collecting a judgment. In my case, the state supreme court's ruling about community property laws was the key to accessing the contractor's wife's income.

3. Employing Legal Tools

Utilizing legal tools such as a court order and garnishment motion efficiently can enable the seizure of the defendant's assets or income. Filing the necessary paperwork and ensuring compliance with legal procedures are crucial steps in the collection process.

4. The Importance of Persistence

The journey to collect on a judgment is not always straightforward. In some cases, it may take months and multiple steps to see results. Persistence and proactive measures, such as contacting employers directly, are essential in reaching the desired outcome.

Conclusion

Winning a lawsuit is just the first step in a long process of collecting the judgment. Understanding the nuances of the legal system, the specific laws of your state, and the tools at your disposal can greatly enhance your chances of successfully collecting on a judgment. By learning from unique cases and applying the appropriate strategies, you can navigate the complexities of the legal system more effectively.