Garnishing a Bank Account?

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Latest post 02-03-2011 7:34 PM by Frustrated in NYS. 5 replies.
  • 11-09-2010 6:14 PM

    • Yzgal
      Consumer
    • Not Ranked
    • Joined on 06-09-2009
    • OH
    • Posts 27

    Garnishing a Bank Account?

    Ok, my spouse and I won a small claims for property damage to the tune of $2,400.  This judgement was nearly 3 months ago and of course we've gotten zero out of the guy.  The information I was given at the courts was that I have to garnish his bank account to get my money?  How am I supposed to know where he has a bank account at?  I think it's amazing that I won my case but yet I still have to go further to get money out of this clown for the damage.  The court system is so helpful.

    I'm in Dayton, Ohio for the record. 

    Any help is appreciated.

     

     

  • 11-09-2010 6:58 PM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on 01-01-2005
    • CA
    • Posts 6,074

    Re: Garnishing a Bank Account?

    As you are discovering, winning in small claims court is less than half of the battle. The other more than half of the battle is collecting on your judgment.

    I believe that your state allows for wage garnishment. If you know where he works, you might try that route instead.

    Otherwise, you can try serving a notice of levy on several local banks and see if you get lucky.

    If all else fails, you probably can summon him for a debtor's examination and have him testify under oath about his employment, assets, and bank accounts.

    But, if you are dealing with an accomplished deadbeat, you may be flat out of luck here.

     

  • 02-01-2011 5:35 PM In reply to

    • Yzgal
      Consumer
    • Not Ranked
    • Joined on 06-09-2009
    • OH
    • Posts 27

    Re: Garnishing a Bank Account?

    After giving it much thought and looking at all options, I put a lien on him.  He was not happy.  Oh well, then pay up so I can fix the damage you caused. 

    Thanks for your response.

     

  • 02-01-2011 5:52 PM In reply to

    Re: Garnishing a Bank Account?

    Yzgal:
    After giving it much thought and looking at all options, I put a lien on him.  He was not happy. 

    Good for you.

    And TS on him.

    In Ohio your judgment appears to be good for 21 years.

    The recorded lien will give him trouble buying or selling property, and getting loans.

    Eventually, he is likely to have to pay the debt.

    Keep in mind that your cost for recording the lien gets added to the debt along with the current Ohio post judgment interest rate of 4%.

    If you want to really make the deadbeat miserable, have the court order him in for a debtor examination.

    Read the following statute. Some interesting weapons are in there.

    http://codes.ohio.gov/orc/2333

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 02-01-2011 10:30 PM In reply to

    Re: Garnishing a Bank Account?

    Check your state law. You may be able to garnish his pay.

  • 02-03-2011 7:34 PM In reply to

    Re: Garnishing a Bank Account?

    If OH is like NY, you have to contact the small claims court clerk and ask for an Information Subpoena from the judge. Once this paperwork is ready , you pay a small fee to retrieve it and either have the forms served on the debtor or mail them. In my case, debtor has 7 days to respond with all bank accounts and asset information. You then have to hire an enforcement officer  (via local sheriff;s office?) to go collect property to sell etc, or serve garnishment execution orders to his bank listed on the information subpoena.

    Of course, nobody is in a big hurry to help you recover your loss..

     

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