Skip to main content

Garnishment interrogatories came back with no accounts at the bank. Now what?

Saint Louis, MO |

I won a small claims judgement against my former employer and filed the paperwork for garnishment. I got the majority of the monies owed but not all. So after a few months i filed again, but this time the interrogatories came back saying that they do not have an account at that bank. What would my next step be to collect the money owed to me?

Attorney Answers 2

Posted

You can find out where he works and garnish him. If he doesn't work, go through the tax records in either the City or County, and see if he owns any property.

Mark as helpful

2 comments

Asker

Posted

Wouldn't this only work if he was my employee? Since he is the business owner then i am not sure how to garnish wages since he is basically paying himself.

Josh P Tolin

Josh P Tolin

Posted

DId you get a judgment against only him, or him and business. You may need to sue business to collect. If you have a judgment against someone, and they are self-employed, he either is using his business account and using cash or has an account with a spouse that you can't get to, if the judgment is just is in his name. I hope this helps

Posted

With a judgment you have a right to post-judgment discovery. That can take the form of interrogatories, a request for production of documents and records, or you can depose him.

Informally, you could ask someone in a position to know (such as a supplier) where he's banking these days. You could have a friend mask their caller ID and call him up with a phony survey to ask whether he's satisfied with his current bank. Once you get the name out of him, go levy the bank. You could also have someone buy from him using a check, and then once the check clears examine the check or its image for the ID of the bank where it got deposited.

You could also attempt a "rolling levy" ... just work your way down from the banks with the largest market share in your area to those with the smallest until you hit paydirt.

Mark as helpful

2 comments

Asker

Posted

What if he has moved all monies from one company account to another and is no longer using the name that i filed my claim under?

Mark Hankins

Mark Hankins

Posted

In my state that would call for proceedings supplemental ... an effort to trace the monies and property illicitly transferred from one enterprise to another in an effort to defraud the judgment creditor. Courts presented with a clear weasel will see that he doesn't get away with it. I've even seen press reports of a guy in one of the big square states in the middle of the country being enjoined from *ever* opening another pool company because he just closed one and opened another whenever things got hot.

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics