Legal Question in Credit and Debt Law in Colorado
do i need an lawyer to garnish wages
I won a small claims court case where a guy owed me 1,500 dollars for a car accident. I won he wasn't there in court, but i have been unable to find him, how do i track him down? And do i need an attorney for garnishing his wages or taking from his bank account?
Thanks, All answers much appreciated..
--name removed---name removed--
San Diego, Ca
3 Answers from Attorneys
Re: do i need an lawyer to garnish wages
You do not need an attorney. You obtain a Writ from the Court, Sheriff instructions, and the employer garnishment form. Fill them out. Have them issued. Pay the fees. The fees you pay will be added to the judgment. Make sure you also file a memorandum of accrued interest.
Re: do i need an lawyer to garnish wages
Do you need a lawyer to get a wage garnishment? No, you don't. However, if you talk to the marshall's office, and review the do it yourself books, and decide that you either want to have someone handle this or have further specific questions, then you might want to meet with an attorney.
You can also set a judgment debtors examination, where the debtor has to answer questions under oath about their job, bank accounts, cars, houses, stock accounts, etc, -- which may be a good start when you don't know what property this person has, or where to start.
If they don't show up for the judgment debtor's examination, you may ask for an arrest warrant to go out.
Best of luck!
Re: do i need an lawyer to garnish wages
You dont need a lawyer. go to www.nolo.com and get their book on collecting judgments.