If I went to court over a year ago and was awarded a judgement, how can I collect?
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If I went to court over a year ago and was awarded a judgement, how can I collect?
Can I do it criminally? My family member did not give me my share in my grandmother’s Will; my grandmother died almost 10 years ago, so he has been avoiding us since.
Asked on September 30, 2012 under Bankruptcy Law, Alabama
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You cannot criminally collect on the judgment you have under the laws of all states in this country. The way to begin collecting on the judgment you have against the judgment debtor is to have an abstract of judgment issued and recorded. You then serve the judgment debtor with an order of examiniation where assuming he or she shows, you ask questions of the person as to assets such as bank accounts and employment.
From there you then start levying upon the assets and doing a wage garnishment. I suggest that you may want to consult with a consumer law attorney who does debt collection work for assistance.
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