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Small Claims Court Question and Answer

5/26/2013

 
Q: How can I collect on small claims court cases I have won? I have filed the abstract of judgment, and it still seems there is no real power to collect on these rulings unless I find where the person in question banks and then file for garnishment of wages? Please help! -Jason ("marketing director"/photographer)

A: Unfortunately, it can be difficult to collect after a judgment is handed out. In Texas, for example, a good bit of personal property is exempt and thus, cannot be taken to satisfy a judgment. In many cases, however, the person you sued will end up paying. This is because most people tend to pay their debts vs. living with the consequences, and because getting more credit becomes difficult and expensive. 

If you are not paid, however, you can garnish money in a bank account if you know where the person in question has an account. If you ever gave a person a check, look on the back to see where it was deposited and work backwards from there. You can do a little detective work or hire a PI to assist you.

Also, although there is no wage garnishment in Texas, you can garnish money owed if the person is known to be self-employed. Remember, your judgment will also remain on his credit report until it is settled. This is typically enough to ensure you are taken care of.

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