Page 183 - Judgment Enforce Course

Judgment Enforcement – The Step-by-Step Course

Every state except Nevada has a provision for renewing a judgment. This has to be done

before the judgment expires. If you don’t renew in time, it is almost always fatal to the
judgment.
There are specific renewal forms available in each state. When you renew, you can add

the interest and costs, and the renewed judgment is now for the full amount. That means
you are now collecting interest on the interest.

Check your state codes to see how often a judgment can be renewed. You don’t have to
wait in order to start collecting interest on the interest. For example, although judgments
are good for 10 years in California, they can be renewed every 5 years. So, when I get a
judgment that is 3 years old, I may renew it right away for another 10 years, and again in
another 5 years. It costs me less than $40 to renew it, and often the interest makes up for
the $40 expense very quickly.

12. Oh, no! The employer won’t comply with the wage garnishment!

Rarely do I find that an employer won’t comply with the wage garnishment. However,
if the employer attempts to defraud you of monies due you through the wage garnishment,
the employer is guilty of a misdemeanor by not complying. Also, the employer himself

may now become liable to you for the amount the employer failed to withhold. In
some states (Florida, for example), the employer becomes responsible for the WHOLE
judgment. But in most states you will have to initiate a separate lawsuit, probably in small
claims, against the employer and get another judgment.

Okay, so what do I do?
Call the Employer directly & ask him why you haven’t received payment.

Inform the employer that the company has been lawfully served with a wage
garnishment, and that it may be guilty of a misdemeanor by not complying, and that he

should see an attorney to find out if he’s now liable for all monies not properly withheld
and sent to you. Be polite, but firm. Most employers don’t want the hassle of a lawsuit.

Peter’s Trick of the Trade:

When an employer intentionally fails to respond to a garnishment, I
assess whether or not the employer is in a better position to pay the debt
than the debtor is. Depending on the situation, I may let it slide for

183 | P a g e