i won my judgement yesterday of $3000 (+ $116 for filing) by default.

the plaintiff does not own a home, car or have other equity. he quit his job a few weeks ago, and in the year i have known him has had over 5 jobs, so a wage garnishment is out of the question.

he has a savings account (because of his parents contributing) and i am 99% sure that his mother (who makes a LOT of money) is the co-signer. if she isn't then his step-father is (who also has money). i know that this account is with chase bank, but i do not know which branch it is..

step 1: i am sending him a copy of the judgement by certified mail, asking him to pay within 30 days or i am taking further legal steps to get my money. is this smart? or do i avoid giving him a 'heads up'?

SO: would it be smarter for me to do a non-wage garnishment of his savings account that he has co-signed OR should i serve him a citation to discover assets? (does he have to mention a co-signed savings account in this instance?)

OR: should i turn this over to a collections agency? i know that they take a % of the money. is it guaranteed that you get your money if you choose this route?


another note: he wrote me out over $5000 of fraudulent checks (it was on an account that he knew was closed but he did it to 'buy' him time in actually paying me). should i take further legal action and press charges for this?

thank you in advance for your time and help!

We can't help you because you didn't bother to tell us the State name where this happened. Laws vary from State to State.

I would guess that this is Illinois, since the original poster's location is "Chicago". But I'm answering generally, not in specific relation to Illinois law, with the caveat that laws vary by state.

If it were me, I would do my best to identify any assets that the judgment debtor has which are subject to garnishment or execution, and try to grab them before the debtor knows I'm trying to collect the debt. Then I would demand payment for any amounts left over, or submit that remaining balance to a collection agency.

If the civil suit was over the fraudulent checks, and you haven't waited so long that the prosecutor either won't or can't authorize a charge, you can consider making a police report. The police may encourage the defendant to make restitution to avoid a charge, or he may be ordered to pay restitution if he is convicted. (He would normally get credit against the civil judgment for any restitution paid through the criminal court, and vice versa.)

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