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wildthing

Member
What is the name of your state? Indiana

I recently won a law suit against my ex-girlfriend for the $1300 that I loaned her before we split up. Altho she doesn't own any real-estate and doesn't usually keep a job for more than a few months, every year she does get between $4000 & $5000 back from her federal taxes. Is there a way for me to file a attachment on her 2003 tax return?
I know that a prosecutor can do it against people who owe back child support but I'm not sure if I can. And, if so, how do I go about filing it? And who do I file it with?
 


JETX

Senior Member
There are lots of legal remedies available to you to pursue, including garnishment and execution.

"Once you receive a Judgment, you must wait 30 days and if you have not received any payment, you may then file papers to garnishee his wages. To do this you must know his current address and the place of employment and the employer's address. Or, if you do not wish to garnishee his wage, the only other way to collect the amount owed is to file an Execution. That is when the Sheriff takes paperwork we supply, after you have signed our Execution Book, and checks to see if the Defendant owns anything free and clear over a certain amount. If they do, he is to take it and sell it to satisfy the Judgment. This is not always successful. Your Judgment is good for 10 years, but you are responsible for keeping track of the defendant, if you want to collect. The Court does not go out and collect for you."

Some courts allow you to garnish or levy property of the debtor that is in the custody or control of a 3rd party (as the tax service is). You should contact the local court and ask them if this can be done in that court.
 

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