How do I collect a judgment from an individual who does not have assets?
If an individual does not have assets, collecting a judgment from them in Kansas Small Claims Court can be difficult. The first thing to do is to try to get the person to pay voluntarily. Submit your judgment to the debtor in writing or in person, and ask them to make a payment. If they do not comply, you will need to apply for wage garnishment. This is when the court orders payments to be taken directly out of the debtor’s wages and sent to you. If the debtor is self-employed or does not have a steady job, other methods for collecting a judgment include asking the court to impose a lien on the debtor’s property or requiring them to attach a bond to their assets. If the debtor has no assets, you can apply for a court order to have their wages attached or their income garnished if they are employed. You can also try to sue the debtor for restitution in the future. If you sue them for a misrepresentation or bad faith, you may be able to get a monetary award against them in the future. If none of these methods are successful, you may need to accept that the individual does not have the financial resources to satisfy the court judgment. As a last resort, you can ask the court to vacate the judgment, thereby releasing the debtor from any further legal or financial obligations.
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