collecting on a judgement

[toby04]

What is the name of your state? Utah
After a long drawn out quiet title case it looks like the judge will grant us title. We will also be awarded court costs, it was a wrongful lien. Costs are 5,000. We know the person and they are not going to cooperate.
What are the steps necessary to collect?
I am not sure it is worth pursuing if we have to hire our attorney or a collection co.
Our attorney is on vacation and I wanted to know soon!
Thanks for any input.

 

[Ladynred]

There is generally a waiting period once the judgment has been awarded in which the defendent is allowed to appeal. In most states it's 30 days, it may vary by UT law.

Once your'e past that appeal period, you have several options:
You can get a writ of execution and levy their bank accounts. IF you know where he/she banks, then it's easy. If you don't, then you can do what judgment collectors do.. blanket all banks in the area with the same levy. The bank that has his/her account will have to comply.

If you don't want to blanket local banks, then you can initiate a debtor's exam where he/she will have to spill the beans on all of his/her assets, bank accounts, employment, etc. This can be done in court or thru interrogatories and failing to answer or show in court is contempt for which he/she could be arrested.

- You can file to garnish his/her wages
- You can file to sieze non-exempt assets

Of the 3, the bank levy is probably the quickest way to get some money. He/she will NOT be notified of the levy beforehand. Wage garnishment will take longer, but will get the job done.

 

[toby04]

Thank you, is the bank levy something I can do or does it need to be handled by a lawyer?

 

[Ladynred]

You can do it yourself, a lawyer is not required. You might try calling the court clerk and asking if they have forms for such things.