Expert: Charles W. Field - 2/6/2004

Question
Hi  Hope you can help me out with some info.  if my motherinlaw goes to small claims court ( on a default hearing) aginst a person that owes her money  and wins(by default and after the judge hears her case)  Is she reponsible to garnish the guys wages or does the court try to get the guy to pay her first?    She has been told since she won the case she now has to pay 55$ to collect from the guy,  i thought the court would inforce the law?  thanks  for the help in advance  and the Best of luck to you in your carrier    David

Answer
It is a common misconception that the court will assist in collection of judgments. The burden and cost are on the person having the winning judgment to collect it, via garnishment, levy or whatever means your state allows. I would advise you to consult with a local attorney. I have no idea what the $55.00 is for.