I have accumulated over $4K in judgements and want to place leins on anything of worth with the defendants. what do you suggest? Car? Tax Refund? I do not know where they bank or if they work. any advice is much appreciated.

State Specific Question About: INDIANA (IN)

The only non-consensual lien that I know of that is relatively easy is to record a judgment lien with the county recorder's office. This creates a lien that will attach to real property interests. But your deadbeat tenants are not likely to be buying or selling real estate, so it is not very effective.

If you can find bank accounts, you don't put liens against them, you execute against them.

You need to find an attorney and file a pro sup, after that they will be compelled to produce documents that will tell you all you need to know, under oath in a court room.

People forget this is a business, as such, become to emotionally attach to the situation. So before you throw good monies after bad are you tenants even collectable? Or do they live pay check to pay check?

You can hire a lawyer drag them before a judge to reveal assets, but does this use of your time and monies bring you closer to collecting on a judgment? In majority of time No; you maybe awarded lawyer fees under your statute but all that means is you get to pay the fees and add it to a judgment you may never collect

They state to the court under oath they have no assets esp. in this current economical climate, then what? Nothing if they do not have assets you can not get blood from a stone as such they are judgment proof

I know majority of posters do not like the hard truth but in general for the majority of tenants who do not care about their credit, have no steady job, live pay check to pay check they are not collectable period, it’s the nature of the business when you are dealing with mid to low end rentals ,

You are right, but most attorney's will check before they take the case, and they can do a better job than you.

Now while they are in court they will state where they work, and what they make, and the court will order payments.

Now if they fail to make the payments, that is contempt of court and if stoppede

for a traffic violation they will go directly to jail and will have to pay before they gt out, and yes they do call the attorney of record when they are in jail.

In [IN], I don't know about your local practices, but I have never had a judge order -- post-judgment, as part of execution efforts -- that payments be made by the judgment debtor. I have had wage assignments issued and I have had wages garnished, both of which are orders to the employer to make payments from the paycheck as payroll deductions, but never an order to the debtor himself to make payments. There is no authority in CA for such an order in aid of execution, and I don't know of any in NV. For you and Bryan, in IN, things may be better!!

As a rule, monetary judgments are NOT enforceable through contempt. That is because a monetary judgment is simply a court finding that Defendant owes $_____ to Plaintiff -- it is NOT an order to pay. Contrast that to child support and alimony orders, which are ORDERS to pay -- Father is ordered to pay to Monther the sum of $______ per month in child support, due and payable on the first day of each month commencing _____ and continuing until the minor child reaches the age of majority, ...

Even after the Court orders a parent or spouse to pay child support or alimony, in order for the Court to find the parent/ex-spouse guilty of contempt for failure to pay child support or alimony, the citor (the payee parent) needs to prove that the citee (the non-paying party who was ordered to pay) had the ability to pay when he/she violated the order by not paying. There is no "go directly to jail"; the payee parent/spouse needs to haul the non-paying spouse into Court and prove the case.

If IN judges are allowed to order a judgment debtor to make payments, I see no reason why that would not be enforcable by contempt. I just have not seen judges order parties to pay their debts!

in my visit to the courthouse today I submitted via a minute sheet a request to place body attachments on each of the individuals for failing to make their payment plans as agreed to. this was the tightest noose i could place on them in st. joe county Indiana. I am also going to place liens on their automobiles. thanks for all the help!!!

In Ind. you file a case, if you win, and can not get paid you file a pro sup.

A pro sup is only filed when you are not paid the judgment, it is for the purpose of determining if the defendant can pay and how much.

Now if the defendant fails to show up, for any hearings, and their may be many because they seem to lie a lot and work for cash.

When they fail to appear at a later date they go to jail and no bail is allowed, that is where the teeth is in the pro sup.

I once took a plumber to court for a pro sup and told him every Monday he was going to be there for at least 4 hours waiting, and he decided to pay rather than wait.

Boy, I like that pro sup process. I wish we had something like it!