What paperwork do I need to collect my court judgment?

Full question:

I won a judgement in superior court here in Indianapolis, In. Approx a year ago against Macao Paint and Body repair shop. However, the lawyer that handled the case is no longer available and did not complete the final paperwork to collect the funds ordered by the court to be payed by Macao to myself. What paperwork do I need to complete, and where will i find it? I really need to issue the paperwork that will force payment/Garnish Wage/ etc..Where can I access the records of this case at the City County Bldg/Court Offices?

  • Category: Judgments
  • Date:
  • State: Indiana

Answer:

To enforce your judgment, you may need to file a verified motion in the court where the judgment was issued. This motion should include:

  • Confirmation that you own the judgment against the defendant.
  • Indication that you believe that execution against the defendant won't satisfy the judgment.
  • A request for the defendant to appear in court to discuss nonexempt property that could satisfy the judgment.
  • If applicable, information about any garnishee who may hold property or owe money to the defendant.

If the court finds your motion meets these requirements, they may order a hearing or require the defendant to answer interrogatories. You must serve the motion and the court's order to the judgment debtor and any other involved parties as specified in the court rules.

You can also use discovery provisions to gather more information about the defendant's assets. After issuing an execution against the defendant's property, if you believe a third party has property or debts owed to the defendant, you can require that third party to respond to inquiries about those assets (Ind. Code Ann. § 34-1445).

For assistance with the enforcement process, return to the court that issued the judgment.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To enforce a court judgment in Indiana, you can file a motion in the court where the judgment was issued. This motion should confirm your ownership of the judgment and request a hearing to discuss the defendant's nonexempt property. If necessary, you may also gather information about the defendant's assets through discovery provisions. After obtaining a court order, serve it to the judgment debtor and any involved parties as required by court rules. For specific guidance, consult the court that issued the judgment.