Garnishing wages vs. seizing assets?

Question by strat59_00: Garnishing wages vs. seizing assets?
I need to file a civil law suit against someone from another state who signed a contract for a cash loan and has not repaid. I’m 99% sure I will win this case, but I know that the person does not have any money. I read on a legal advice site that he would be obliged to pay immediately if I won and if he could not pay, I could apply for a writ of execution and garnish his wages. Problem is, he is a touring musician and does not make much money and the money he makes is all under the table. Is there a way that I could instead ask the court to seize his property instead? I figure that if he was under pressure of loosing his guitars, amps or his van or trailer (which would effectively put him out of business), then he might find a way to come up with my money, perhaps from his well-off dad.

Best answer:

Answer by jim
Absolutely. The problem is it may be more of a hassel than it is worth. You could attach personal assets (at least I believe you can in most jurisdictions). But then, assuming you were successful, you have to unload the stuff. There is also the problem of this guy being from out of state – you have to make sure that the court that hears your case actually has the jurisdictional ability. That means the courthouse down the road may not be able to hear the case and that you might have to file and prosecute an action where he is. Something else to consider – if you are only out a grand or so, it may make more sense just to let it go.

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