Won Claim, Still can't collect

[kevinreece]

I'm in Rock Hill, SC. I successfully sued a former employer, and won my case. It's been over a year, and I've done all the right things, I think. Filed with the Clerk of Court and then filed with Sheriff's office. Sheriff's office found that there were no assets to seize, and now my next course of action is to file with the Master of Equity.

I called them, and they tell me I need a lawyer to file a supplemental order, which will make my former employer come in and prove why they haven't paid me yet.

I've made it this far without a lawyer, and am wondering if there isn't a supplemental order that I can file myself?

Any help would be greatly appreciated!!

Thanks,
Kevin

 

[JETX]

From the SC Bar:
"If you win your case, you will be given a judgment. Even if the court decides in your favor, you may have difficulty in actually collecting money from the other person. This is because the decision or judgment of any court to award money to a winning party must be enforced by court order to seize the losing party's property and to sell such property at a public auction. The money received by such a sale of property is then given to the person who won in court. The problem is that the losing party may not own any property or his or she property may have prior claims ahead of yours or it may be exempt by law from seizure and sale. You should find these things out before you file your small claim; otherwise, you may find you have wasted your time and money."

Since your judgment is against an employer, you might consider levying against the employers assets. Something there should be non-exempt. Also, if you know their bank account, you can garnish your judgment from it.

Finally, you might consider contacting a South Carolina firm at:
http://www.enforcemyjudgment.com/page2.htm

 

[kevinreece]

Follow-up

Halket,
Thanks for the quick response. I asked the Sheriff's department about seizing or garnishing the bank account of the company, and they said they don't do that. They told me all they seized was 'Houses', 'building's', or 'cars'.

They were no help at all, as you can see. Is filing to garnish a bank account something I can do without lawyer representation?

Thanks,
Kevin