Get sweet justice while giving a defaulted defendant just desserts. Contrary to popular belief, simultaneous accomplishment of both goals is possible. An apt adage advises “actions speak louder than words.” Thus, your opponent’s absence on the designated court date legally equates to answering docket call with by loudly shouting “surrender!”
Below is a list of helpful hints to bring your hard work to fruition in the form of financial recovery.
Having a court order in hand puts you in the cat bird’s seat by providing the perfect bargaining position: Official mandate for prompt repayment under penalty of law – right in your palm. Thus, you may confidently approach the default debtor to arrange periodic payments. If this is not feasible or fails to pan out, request court ordered installment payments.
Compel full financial disclosure
Virtual reality makes it relatively easy to locate a debtor’s personal and real property. Though it takes some legwork, you can hit pay dirt with a hit on specialty skip-trace websites. Specific queries should pertain to addresses, land records, banking data, and name of employer. An alternative approach available in most state courts to compel the debtor to disclose all assets under penalty of perjury.
After locating the debtor’s property, place a lien against it by filing appropriate paperwork in jurisdiction of physical location. Doing so prohibits the liquidation of affected asset(s) without satisfying the attached lien. This effectively imparts your first-place priority entitlement to proceeds of any future sale.
Garnishments are great
As default judgment holder, you may get your bucks by garnishing the debtor’s wages, pending rent payments, bank account, and other liquid sources. Tap into it by asking the court for an Order of Garnishment. Although specifics vary among states, you can typically get up to 25% of the debtor’s net pay this way. Depending on balance, you can also obtain full or partial judgment satisfaction from retirement, banking, and/or savings accounts.
Seize for satisfaction
You can put the sheriff to the task of seizing and selling the debtor’s property at public auction to satisfy your debt. To initiate this process, you must first obtain an Order of Attachment from the court that awarded the judgment and then take it to your sheriff with specific location and description of desired property.
Consult expert collection counsel
Before going forward to boldly claim what is rightfully yours, proceed with caution by obtaining legal advice about the best way to put screws to deadbeats without violating the same laws that enabled your victory by default.