Legal Question in Civil Litigation in New Hampshire
My small claims case is at a standstill ("case defaulted on defendant's failure to answer claim. Judgement for Plaintiff). I now intend to submit a Motion for Periodic Payments. The Defendant is on Disability but I suspect that he has bank accounts. I do not know, or think, that he has any real estate.
How can I find out what his assetts are, if any, and if they can be attached? Or what steps can I take to ensure re-payment?
1 Answer from Attorneys
The Motion for Periodic Payments requires court appearance or an arrest warrant may be issued. If he does not show ask the Judge to issue a warrant.
If he does show he is required to do a financial affidavit and list all his income and expenses and investments.
Your problem may be collecting if the only income the debtor has is pension or social security or other benefits. There are federal laws prohibiting the attachment or garnishment of those funds. However, the debtor will have to show that the funds in the accounts are only from such government programs or pension. Other funds may be attachable.
Getting a judgment is the easy part; collecting is the hard part.
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I was defrauded of 500.00 now cant get the compant to refund me Asked 3/28/11, 2:49 pm in United States New Hampshire General Civil Litigation
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