Legal Question in Civil Litigation in Indiana

Collecting a Judgment in Indiana

I own judgement for about $4k

against two previous tenants (a

mother and daughter; joint and

several). Garnishments were

unsuccessful as the mother (who

now pays $20/month) already has

the max amount of garnishment

taken from her paycheck. The

daughter quit her job and was a no-

show at the citation hearing.

Subsequently, the judge issued a

body attatchment for the daughter

and set bail at $1k. This was a couple

months ago. What else can I do?

Can I go after their tax refunds

somehow? How do I go about seizing

cars and having them sold at

sherriff's auction? Any advice would

be helpful. Thanks.


Asked on 3/05/07, 10:29 am

2 Answers from Attorneys

Samuel Hasler Samuel Hasler

Re: Collecting a Judgment in Indiana

About all you can do is wait. The cars are personal property. Indiana law exempts from collection $4,000.00 worth of personal property. That is fair market value - what the property can be sold for- and so think of garage sale amounts. So if all of either person's personal property does not equal $4,000.00, then you cannot touch the car.

A word about body attachments, if the girl gets picked up for something she gets a trip to jail. I know very few sheriffs who want civil prisoners in their jails. In short, they will not go looking for her but will keep her if she is found. It is now a waiting game. However, you might not be aware that the judgment has interest on it. If I recall correctly, 6% per year of simple interest (not compound).

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Answered on 3/05/07, 11:07 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Collecting a Judgment in Indiana

Practically speaking, contact these people now. This is income tax refund time. Offer to accept a lump sum for less than what is owed. Otherwise you may wait a long time.

The body attachment is a good thing to have. However, it is rare that a sheriff's office will execute on those unless they are arresting her for some other reason or have a traffic stop.

Too little manpower and too much crime for them to make a special trip to execute the warrant.

Based on the charachteristics of most deadbeat tenants, it is unlikely that they have vehicles worth selling after the personal propety exemption applies. However, if they do own a vehicle with some value, you might be better off trying to negotiate a trade of the vehicle for the debt.

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Answered on 3/05/07, 1:02 pm


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