I'm from Indiana. Won a judgement for a defective new roof; took it to
small
claims court (limit $6,000) and won a judgement for about $5,800. Now, I'm
trying to collect.
Realizing he was just ignoring me and the judgement, I filed what they
called a
proceedings supplemental to get him to cough up. Meanwhile, I got the
account
number of a cancelled check and used it for a garnishment order. The bank
froze
the account at the time of the order; account had $520 in it. I have since
received it.
Otherwise, the court has kind of told me I can drag the contractor's butt
in
every three months (four time a year) under this proceeding supplemental
to
find out status of his repayment. But how to get him to repay depends on
me
finding out what his assets are; sure the court asked him some questions,
but
he said he rents, that he owns his own contracting business that is
nothing
more than him the boss who hires on a temporary basis laborers to help
with
roofing, remodeling or whatever depending on the business he gets. He
relies on
the downpayment for each contracts, I suspect, to help buy supplies, like
shingles. That's all he was asked by the court; that's all he provided.
Basically, I have no money. And he has ignored any attempts at repayment,
other
than the garnishment I lucked out on because I had an account number on
the
back of a cancelled check.
I'm hauling his ass back to court in February; how do I find out if he's
lying
about having no money? I have his Social Security number, his address
where he
lives (he handles business calls on his cell phone; he advertises his
services
in the newspaper classifieds, and I've seen one of his contracts since
then
because the housing his company was working on had a sign in the yard
advertising the fact). So, what do I need to come armed with to court to
get
him to pay up or can I ask the courts to itemize his assets, of which then
I
can try to get my hands on?
Any help would be appreciated.
Andrew from Hoosier Land
If he hasn't stopped using the same bank account, you can make a
new garnishment against the same account from time to time.
If he has stopped using the same account, or even if he has not, you
can garnish other banks accounts, is he has and you can learn of any.
Before the pro. supp. hearing, issue and serve a subpoena requiring
him to bring to the hearing his most recent statement on all bank
accounts. At the hearing, get information from those statements, and
also ask him, or have the judge ask him, to identify all bank accounts
that he has.
If you can learn of jobs he has underway, you can garnish the
customer's financial obligation. Add to the subpoena, for him to
bring to the pro. supp. hearing contracts and any other records
identifying pending jobs or stating terms and conditions. At the
hearing, get information from those records, and also ask him,
or have the judge ask him, to identify all pending jobs including
customer name and address, contract price, and how/when
payable.
