Skip to main content

Collecting money from civil lawsuit. I have a civil lawsuit filed against a couple for $7,000.

Oklahoma City, OK |

I have no doubt that I will win, however, they have already told me that I won't get anything from them because they don't own a home, he doesn't work and they live with relatives. I checked and they do live with his mom and he doesn't have an official job that he claims - from what I have seen, he does home improvement jobs for people but gets paid in cash - which is illegal; but he says he doesn't work. She works but her check is already being garnished from another company. I do see that they own vehicles. How can I claim their vehicle as payment on the same day as court if I win? I feel that if I wait til after that they will transfer the vehicles into a relatives name. I dont want to garnish her check because it will take forever to get my money back, but i can sell the vehicles

+ Read More

Attorney answers 1


The short answer is you're out of luck. First, you won't be able to immediately attach anything. Once you have a judgment, there is a waiting period for appeals. Then, you have to file for a levy. This will take weeks. So, you won't get the cars that day. Second, OK has a $7,500 exemption for a motor vehicle per person, so they each get a car worth up to $7,500 that you cannot take. Unless the cars are worth more than that, you can't take them. Since you cannot prove he "works," and his wife is already garnished, you'll have to wait to garnish her check once you obtain a judgment and then send out the garnishment notices.

We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Corbin Law Office are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Corbin Law Office helps people file for bankruptcy relief under the bankruptcy code.



Thankyou for the response. What if I sue in small claims court instead? if I win and they dont pay, what is my recourse? I'm trying to get a lawyer but starting the process myself so I just need some advice in th emeantime. Also, I believe they are collecting insurance froma relatives recent death, but they claim they aren't. Does that go throughthe insurnace commisioner first to where I can see if they really are getting insurnace or not and if I win, can I put a claim to retrieve my money from that? Thank you

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