If the debtor is served with notice of a hearing and does not attend the hearing, at the winning party’s request, the court may issue a body attachment and have the debtor arrested and held in jail until another date for the hearing can be scheduled.

If the debtor cannot be found to be served with the order to appear, the winning party can request that the hearing be continued for a period of time to allow more time to find the debtor and to serve him or her with notice of the hearing.

Garnishment--The law limits the amount of garnishments and regulates the kinds of income that can be garnished. Only one garnishment can be applied at one time; it is important to “get in line” because garnishment orders are paid in the order that they are received by the employer. If the debtor changes jobs, you will have to locate the new employer and re-file the Interrogatories. If the Interrogatories comes back from the new employer the court will allow you to re-file your garnishment order.

Execution Against Personal Property--The personal property of the debtor can be attached and sold at execution. This means of collection is strictly controlled by statute and subject to many exceptions. For that reason it is advisable that you consult with an attorney if you think execution against personal property might be worthwhile.

If the Debtor Dies--To collect the judgment if the debtor dies before the judgment is paid, you must file a claim against the deceased’s estate.

If the Debtor Files Bankruptcy--If it is shown to the court that the debtor has filed bankruptcy and your judgment is listed in the bankruptcy petition, the court is required by Federal law to stop collection proceedings. In that case, your only remedy is in Bankruptcy Court.