Page 139 - Judgment Enforcement Course

Judgment Enforcement – The Step-by-Step Course

How do I know what’s valuable?

In my cases, the original creditor knew about the items I took, and where they were. In
another case I subpoenaed a trust at a JDX, located the items, and garnished them right
there in court.

Oh! If the vehicle is leased, you can’t take it! It belongs to the leasing
company, not the debtor. Leasing is one way that debtors protect what they
drive. How do you know if it’s leased? By checking the debtor’s credit report.

Possible Hiccups:

More on hiccups and obstacles later, but I’ll mention here that the JD can file what’s called
rd
a “claim of exemption” if he thinks it’s exempt. And, there’s such a thing as a 3 Party
Claim, where someone –not the Creditor/JD and not the JD, says “Hey that’s mine that the
sheriff took!”

I’ve had a couple of those, where the JD’s relative said “Hey, he was holding for me the
money that the sheriff took!” If the claim is made, there’s a short hearing where the
claimant has to prove it. I’ve not had anyone prove it to the court yet.

And, if the JD files a claim of exemption, you’ll have to oppose it. When the JD files the

claim of exemption, he or she has to specify exactly why it’s exempt, and what code that
relates to. You can oppose it, sometimes with an “Opposition to Claim of Exemption”
form. There’s a hearing, and the judge decides if the JD is correct.

Garnishing from Businesses

Step 7: Garnishing Business Assets

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