They denied it because he has a child support garnishment and my small claims is t priority ? I should get some percentage ? What can I do?
Child support takes priority over other claims. Call the small claims advisor for your county.
Child support wage assignment can take up to 40% (sometimes 50%) of his earnings. You can garnish a maximum of 25%. Therefore, if the child support takes more than 25%, there is nothing left for you. The purpose of the law is to let the debtor keep enough of his earnings so that he can maintain himself at a minimum standard of living. Child support ends when the youngest child reaches 18 (or 19 if still in school). If you renew your judgment every 10 years, and properly claim interest (10% per year), you may be able to garnish part of his wages at that time. Hopefully he does not create any new children in the meantime.
There are priorities that prevent collection but you can go after other assets.
You can do a Writ of Execution for bank levy. However, he may file a Claim of Exemption and agrue that funds are reasonably necessary for his cost of living. Be sure to continually renew your judgment.
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