Tuesday, July 22, 2014

Detinue was awarded for $14,551. Most of the items were recovered by the sheriff, but several items were not found. What should I do about t...

Question

Detinue was awarded for $14,551. Most of the items were recovered by the sheriff, but several items were not found. What should I do about the unrecovered items?



Answer

Assuming this $14,551 represents a valid/enforceable judgment

of the general district court, you should be able to garnish wages and/or levy against the bank account(s) for at least the fair market value of these remaining unrecovered items at the time of their loss

as long as they were part of this monetary award of the court.

It would be advisable, nevertheless, to check with the clerk's office

(civil division) to determine whether some additional action on your

part might be required under the court's local rules.



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