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  1. #1
    Join Date
    May 2010
    Posts
    5

    Default How to Garnish a Bank Account

    My question involves judgment recovery in the State of: Missouri

    Hello all, I'm writing about my experience and questions on how to SUCCESSFULLY collect a debt after small claims. Having just graduated college and experiencing small claims for the first time, it has been a very difficult working with the court and representing myself.

    Short story is that I won a judgment for $800 and the defendant won't pay. I believe this to be the bain of small claims. I executed a garnishment on her wages and the employer never responded (Ameristar Casino) - shows very poorly of their business. During the long time lapse of waiting, the defendant has moved out-of-state to Texas and has acquired another job (Abercrombie and Fitch).

    I want to execute a garnishment on her bank account, but I don't have her bank account information, BUT I DO KNOW where to acquire that information. The apartment management company from whom she paid rent to has her bank account information and social security number. The problem is that they are unwilling to release that information unless I have some sort of legal order. I've done some research myself and found "Subpoena duces tecum" and court order for discovery in order to retain this information so I can execute a garnishment, BUT the clerks at this particular Missouri circuit court are not aware of such things and said I should consult legal advice. Catch 22 for a small claims when damages are so low. The clerks are not very helpful at this court.

    So here are my series of questions and if anyone could answer them, I would much appreciate your time and consideration:

    1. Is there a form in MO that I can file for a "Subpoena duces tecum" in order to retain bank account information and social security from a company (landlord management company)?

    2. If I were to attempt to garnish her wages again, she being out-of-state, do I need to send notice to the actual A&F retail store or can I send it to their corporate office?


    -I understand that I need to start a small claims file in the state of her employment, but I DO NOT know where actually she works...location of the correct retail store...I do know she works at one of the five retail stores in the location she lives at.

    3. Judgment award was $800. Do to the court fees post-judgement, is it reasonable to add to the award to account for those fees...example: garnishment court fee $35...damages now are $835 due to her failure to pay?

    4. Is there an appropriated interest rate that can be added for the time that she doesn't pay? And can that be added to the garnishment or do I require another small claims suit?


    She is unwilling to pay anything...had to hire someone just to serve her.

    All the questions are unanswered at the following sites:
    http://www.co.st-louis.mo.us/circuit...allclaims.html
    http://www.mobar.org/da48a652-2eaa-4...007b77912.aspx

    I believe that these are important questions that the answers will help the community in achieving successful small claims cases and I hope that one day...small claims will not involve jumping through "hops of fire" and it will be easier to service the justice that is due. Again, thanks for the read and comments and look forward to responses.

    Best Regards,

    Andrew

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Garnish a Bank Account

    Typically in small claims there is no discovery, and typically any subpoenas must be issued by the court. It is generally possible to perform a creditor's exam of the judgment debtor after getting a judgment, but even if permitted that doesn't necessarily mean a judge will issue a subpoena to third parties. Your state's court rules don't specifically address the issue of discovery or post-judgment enforcement in small claims court.

    If you file motions or take other action that involves your incurring a taxable cost, you would ask the court to assess the cost to the defendant. Judgments earn interest in accord with state law.

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