When you get a judgment against the debtor, you are now in the position of being a judgment creditor. That gives you a lot more power, and you can do many things with the judgment. Options include :
- File a wage garnishment.
Garnish the debtors bank account, including the debtors accounts receivables.
- File Post Judgment Interrogatories,.
This require the debtor to answer all asset questions under oath. These are very detailed request for documents, including copies of the last five years of their tax returns, bank account statements and account receivable documents.
- Serve a notice of deposition.
This requires them to appear in our office for a deposition, where they will be required to answer under oath, about all their asset documents. We can then utilize all that information to assist in the collection process.
- File a motion to compel.
If they do not respond to the Post Judgment Discovery, we can file a motion to compel, and the judge will compel the debtor to respond.
- File a motion for contempt.
If the debtor ignores the motion to compel, then we can file a motion for contempt, and the judge can issue an incarceration order.
The judgment itself, serves as a lien against all of the debtors real property and personal property. We often times coordinate with the local county sheriff’s office, and go out and conduct levy demands on the debtors property.
We at Howe & Associates, our approach is to take a very aggressive stance in the post judgment area, in order to collect on the judgment. One of the tools that we use is sophisticated bank account locators, that help us locate the debtors bank account for garnishment.