Indiana wage garnishment

[Cheryl Naegel]

Hi there!  I recently won a lawsuit in small claims against a former tenant.  I have since obtained  a final order in garnishment, signed by the judge.  My question is, in Indiana, does the court serve the employer or is it my responsibility?  And if it is my responsibility, does the sheriff of that county do it?---and also, what other things if any need to be served with the order?

I have searched everywhere for this answer.  I could ask the clerk at the courthouse, but she will not answer any questions, as she just states "get an attorney" .  Up to now, I have done everything through e-file, pro se.  

Thanks to anyone who can help!!!!

[Joel Owens]

Is the former tenant judgment proof?

If they are below the federal poverty guidelines then you cannot garnish anyways. If their income comes from social security or retirement accounts then you generally cannot do a bank levy as those funds are protected.

Collection companies try to call the person to collect over and over. If they do not answer many do not like send letters as it costs them a bunch of money.

Attorneys generally send a formal letter that sometimes can scare debtors into payment knowing they are facing an attorney with possible legal action. Collection companies generally do not take it that far.

Judgement recovery companies might buy the judgment for 10 to 20 cents on the dollar if they feel the debtor is collectible. They might also work on the file and split 50/50 the upside. Sometimes it takes years to collect partial or anything. How large is the judgment for?

If the former tenant gets paid cash it will be very hard to garnish anything. The former tenant at some point could try to file for  chapter 7 bankruptcy. At that point if approved your stuff gets wiped out and written off. Certain judgments are generally not wiped out in bankruptcy such as government student loans, child support,etc. A judgment for unpaid rent or losses on a rental is not one of them that is protected from wiping out.

This can turn into a job trying to chase down an former tenant for payment. Some landlords just write it off or get the judgment and let it sit hoping the former tenants situation improves where they want to get rid of it or settle.

In some states I have seen debtors tax returns be garnished.

No legal advice given