Legal Question in Civil Litigation in Indiana
Collecting a Judgment in Indiana
I own judgement for about $4k
against two previous tenants (a
mother and daughter; joint and
several). Garnishments were
unsuccessful as the mother (who
now pays $20/month) already has
the max amount of garnishment
taken from her paycheck. The
daughter quit her job and was a no-
show at the citation hearing.
Subsequently, the judge issued a
body attatchment for the daughter
and set bail at $1k. This was a couple
months ago. What else can I do?
Can I go after their tax refunds
somehow? How do I go about seizing
cars and having them sold at
sherriff's auction? Any advice would
be helpful. Thanks.
2 Answers from Attorneys
Re: Collecting a Judgment in Indiana
About all you can do is wait. The cars are personal property. Indiana law exempts from collection $4,000.00 worth of personal property. That is fair market value - what the property can be sold for- and so think of garage sale amounts. So if all of either person's personal property does not equal $4,000.00, then you cannot touch the car.
A word about body attachments, if the girl gets picked up for something she gets a trip to jail. I know very few sheriffs who want civil prisoners in their jails. In short, they will not go looking for her but will keep her if she is found. It is now a waiting game. However, you might not be aware that the judgment has interest on it. If I recall correctly, 6% per year of simple interest (not compound).
Re: Collecting a Judgment in Indiana
Practically speaking, contact these people now. This is income tax refund time. Offer to accept a lump sum for less than what is owed. Otherwise you may wait a long time.
The body attachment is a good thing to have. However, it is rare that a sheriff's office will execute on those unless they are arresting her for some other reason or have a traffic stop.
Too little manpower and too much crime for them to make a special trip to execute the warrant.
Based on the charachteristics of most deadbeat tenants, it is unlikely that they have vehicles worth selling after the personal propety exemption applies. However, if they do own a vehicle with some value, you might be better off trying to negotiate a trade of the vehicle for the debt.