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Small Claims Judgment - how to mail Financial disclosure form?
I have small claims judgement against someone. I am trying to mail Financial disclosure form to the debtor so I can garnish his wages. I have tried sending through Certified mail as per recommendation by the court. But the debtor hasn't picked it up from Post Office or tried to reschedule deliver at a different time since he wasn't available when post office tried to deliver the first time. Can I still file a contempt of court motion against the debtor if he doesn't respond or try serving the forms in a different way?
3 Answers
- babyboomer1001Lv 72 years ago
What makes you think not picking up his mail is being in contempt of court, and what makes you think that he has any duty to you to receive what you are sending him? The ONLY duty he has to you is to pay you what he owes. Are you sure you know what you are doing? Usually, you do not tip off someone that you are about to garnish their wages. You just do it.
Source(s): Certified Paralegal, with 25+ years' experience & with significant garnishment law experience. - Anonymous2 years ago
Yes, and his refusal to pick it up and sign indicates that service was attempted but was not successful.
In SOME State you can hire a process server who can then "nail and mail" (substitute service).
