IME suing somebody for something like that doesn't really take all that long, and in my state, at least, he would have to pay your court costs since you would win. If he doesn't have the money to pay it they will garnishee his wages until he pays it off.
I'll grant that this varies a bit state to state, but I can't say I've experienced an instance where wage garnishment happens as a de facto course of business. I don't mean to imply what is said here is inaccurate, however, the way it's written makes it sound much simpler than is likely to be the case.
I suspect the process in most locales is more like this:
- Go to small claims court, win, get an order for judgement in whatever amount.
- Defendant doesn't do anything about paying, or makes a half-hearted effort to pay something, but hardly the amount due.
- Go back to court to file an order for payments to be made.
- Defendant has to show up at this trial, or risks a bench warrant.
- Judge orders monthly payments of $X until the total is paid off.
- Defendant may or may not make good at this point, let's assume he doesn't.
- Go back to court, or at least file the necessary paperwork, to get an order for collection.
- This might involve a sheriff helping to take possession of property, for instance.
- Wage garnishment might be ordered at this point.
This is only an example, and won't be the same everywhere, but is a lot closer to the actual process involved.
Keep in mind as well, where this individual is a general contractor, basically self employed, he has not "paycheck" to speak of from which to actually garnish wages.
