Collecting a court judgment, small claims

Ask a Lawyer

Question

Country: United States of America
State: All States/Provinces

I sold a vehicle to a private party in Aug. 1993 and have not received full payment. There were payments made, for about 2 months and the balance due is $1780.00. I have gone through the process of small claims court to no avail. My most recent advice from the court was to find out where he worked to garnish his wages. I've been unable to do so, but previously the court advised me there were several other garnishments ahead of mine. I have a judgment, we've had an "answer & appear", a request for body attachment which was denied because he appeared for the ands app. Most recently, March 28, 2005 we were present for another answer & appear, but the defendant(s) did not show up. When I asked what the next step was, I was told to find out where he works, and there was nothing further the court system could do to assist me. I want to know legally what I can do, and if I can repossess the car if I am able to locate it.

Answer

See http://www.worldlawdirect.com/article/935 -- Collecting on a court judgment. You normally cannot just take the car unless title is still in your name or you have an agreement that allows you to take it; but if you do take it he may not complain given all his problems...you can try to argue you had agreed you could take it if he failed to pay--even though normally that should be in writing...