Legal Question in Civil Litigation in West Virginia
default judgement
i have a default judgement in the amount of 3,495.00 plus costs and interest. i was told i can not garinsh the wages because the person is self empoyed. i have no resourses to locate assets. this person is a self employed attorney. can you give me some hints on how i can start collecting this debt?
1 Answer from Attorneys
Re: default judgement
The holder of a judgement has several remedies. The first thing the creditior should do is secure a Writ of Execution from the clerk and record an Abstract of Execution and Abstract of Judgement in each county where the judgement debtor has assets. A debtor exam can be scheduled to locate assets that can be levied upon by the sheriff. If you know of anyone indebeted to the judgement creditor, such as a bank where there is a checking or savings, or other person, the deposit or payment can be attached or intercepted with a suggestion on execution delivered to the sheriff. A lawyer may take up the collection on a contingency basis or at least on a nominal retainer and contingency basis.