Suing in small claims court is a great way to resolve small monetary disputes. But although you may win in court, Troubleshooter Howard Ain says many people find collecting that money can be hardest part. That's what Teresa Geier of Hebron says she's learned.
She sued her former roommate after the roommate failed to pay her portion of the rent -- leaving Geier to pay all the bills. "She showed up.
SHE PRESENTED HER SIDE AND THE JUDGE STILL FOUND IN YOUR FAVOR? Correct."
The judge awarded Geier more than $1100. The roommate didn't appeal-- but didn't pay either. "I just basically wanted my money. I asked her what I got and I never received anything and its been well over 6 months."
Next, Geier filed to garnish the wages of her former roommate-- and although that was appealed a judge denied her motion. "I just filed the paperwork and sent it to her place of employment. They're supposed to sign off on it and I'm supposed to receive my money but I haven't received a payment yet."
According to documents, since August 25th, Geier has been trying to get the wages garnished but at this point she doesn't believe the employer has ever received any of the paperwork. "
CAN YOU TAKE THE PAPERWORK OVER TO THE EMPLOYER YOURSELF? I could but I just think it's a conflict of interest. I'd rather not do that."
So I contacted the attorney's office where the ex-roommate worked, and learned he never received the wage garnishing paperwork. He says she no longer works there.
Under the law, Geier has some other options she can pursue. She can send the ex-roommate post-judgment questions asking what property she owns -- such as a car or bank account which may be seized. If those questions aren't answered within 30 days, Geier can ask the judge to order her to answer. The sheriff can then be asked to seize assets and even sell them in order to satisfy the judgment.
Clearly, it's not easy to collect -- and the clerk's office has a small claims court handbook which has more information.
