Legal Question in Credit and Debt Law in Missouri
Small claims judgement help
I have won a judgment. I need to find how to determine assets of self employed business owner. Wife was also named and has own business. Do not know of checking accounts, possiable an out of state one. Any legal way of finding this info? How do you affix a lein to self employed businesses? Any and all help appreciated. Thank you in advance.
1 Answer from Attorneys
Re: Small claims judgement help
Your Small Claims judgment is of course not a lien on real estate. Out-of-state assets as not reachable unless you register your judgment in the State in which the property can be found.
In regular suits you can have the debtor(s) served with a request for a debtor's exam but you must have gotten a "no assets" return on a levy or garnishment before the court can order the debtors to show up on a Show Cause order to be examined under oath. I haven't formally checked in this point in particular but unless the Small Claims Court has a special procedure of its own, then this, the Circuit Court procedure, applies and should be allowed.
Good Luck.
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