Legal Question in Credit and Debt Law in Nebraska

Small Claim Judgement Collection

1. Get yourself another sheriff, if possible.

2. Most states exempt from execution the tools the debtor needs to practice his/her trade. So, probably, the "tool" you are talking about is exempt.

3. Whether your debtor's trucks would be considered exempt "tools" will depend on the laws of your state. However, if the trucks are old and owned without financing, it is quite possible that the cost of having the sheriff seize and sell them would equal or exceed their value, leaving you with nothing for your trouble, and if the cost was more than the trucks brought, you would have to pay the sheriff his losses. If the trucks are anywhere near NEW, they are probably financed up to or more than their current value, and the proceeds of any sale would first go to the finance company, again possibly leaving you with having to pay the sheriff's costs.

3. Now something more encouraging. Your court system probably has a way to allow you to drag him into court (having him arrested for the purpose, if necessary), where he would HAVE to show you his tax returns, bank statements and business records, and answer questions about how he earns his money and where he keeps it. If you ask the right questions, he would have to tell you who his customers are, and how much he bills his regular customers. You might then be able to attach a bank account or a bill owed to him by his biggest and best customer.

Depending on the amount involved, you might consider hiring an attorney just to prepare the papers and write up a list of questions for you to ask.