I filed a claim in small claims court about two years ago and won. I have yet to collect the money owed to me. I would like information on the next steps to take to receive payment. How would I obtain writ of garnishment foms? What are the precedures in filing?
Chapter 7 Bankruptcy Attorney
You should file this question under litigation. This is not a bankruptcy question. Good luck.
Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.
Debt / Lending Agreements Lawyer
These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.
Garnishment is not allowed in Texas to collect civil debts except federal taxes and payment of some federal student loans. It is a violation of the Texas Constitution. It does not matter if your wages are paid by an out of state company. Child support payments are withholding not garnishment.
Consumer Protection Attorney
You do have the option of garnishing the person bank account. While it is true that you cant garnish wages in Texas, once the wages go into the bank they are not considered wages anymore and are subject to garnishment.
You probably need an attorney to do as it is complciated. It involves filing a lawsuit against the persons bank, which means you need to know where they bank.
2 found this helpful
1 lawyer agrees