Legal Question in Civil Litigation in Missouri
Enforcement of Small Claims Findings
I (plaintiff) live in Wisconsin. The Defandant now lives in Missouri. I will be taking the defandant to small claims court for monies (max amount allowed) owed me when he ''ran away from home'' (disappeared without a word to anyone). If he does not show up (100% chances) & I am allowed the full amount due, how do I get the judge to issue a type of enforcable collection against him -- IE: garnishment of wages or whatever, etc etc, to force him to pay? He has a job, good wages, no living expenses; and a history of not paying bills unless threatened with legal circumstances.
3 Answers from Attorneys
Re: Enforcement of Small Claims Findings
Unfortunately, any enforcement will have to take place through the courts in the jurisdiction where he lives. I would recomend consulting with a lawyer there. Good luck.
Re: Enforcement of Small Claims Findings
From your question I understand that you are sueing the defendant in small claims court in Wisconsin. You will no doubt have the defendant served with a copy of the complaint and a summons by the sheriff in the county here in Missouri where the defendant lives, or works. If you then obtain a judgment against the defendant, you can hire an attorney in Missouri to register your judgment in the circuit court in the Missouri county where the defendant lives or works. Then, a garnishment against the defendant's bank account or wages, or an execution against the defendant's property can be issued by the Missouri circuit court and served by the sheriff in that county. I have done this many times for many clients from various states. There would be a reasonable attorney's fee required for these services in addition to the cost of obtaining an authenticated copy of the judgment, the cost of filing the Registration of Foreign Judgment in the Missouri court and the cost of any garnishments or executions. If you would like to discuss this matter further, you may call for a free telephone consultation at 314-727-2822.
Re: Enforcement of Small Claims Findings
Do you know where in Missouri he lives? Mr. Nixon is right, you would have to do something in Missouri, unless you know where else he may have property. If you would like to discuss this, feel free to call me at (816) 763-4330 or [email protected]