Bank Acct # required for seizure?

[stevep6]

What is the name of your state? TN

With a judgment against a debtor, can I get an account seized with just his name & SS# (no account number) if I find his bank?

I just looked on the garnishment form ( which is name, address, and SS# only ) and there is a small corner addressed "for debts other than salaries, wages, and earnings" which also directs banks to condemn the funds & pay to the court immediately.

Yes, I will ask the court clerk next time I'm there but just wondered if any of the incredibly knowledgeable and helpful people here already knew

Any other advice in executing this judgment would be most appreciated. I've just found the debtor from 3 months ago and want to capitalize on him not knowing that before I serve interrogatories.What is the name of your state?

[CollectionGuru]

You can actually harm your own cause by putting an account number on the garnishment form. If you do they will only seize the account matching that number. I always use the name and SSN with a request to freeze all accounts owned by the judgment debtor, that way if the have a checking and savings account, you will freeze both.

[dcatz]

You can actually harm your own cause by putting an account number on the garnishment form. If you do they will only seize the account matching that number.

Only if you tell them to limit the order to that account. As to the rest, I don’t know that I entirely agree with you, because state banking laws can affect whether you must serve the branch in which the account is held or whether you can serve any branch. In my state (CA), I must serve BofA at the branch in which the account is held, but I can serve any branch of Wells Fargo, and the levy (garnishment) will go to AZ for processing. Maybe BofA will search branch records without an account number, but Wells won’t search all branches in all states by name and SSAN.

Moreover, an account number can act as a guide, rather than a limitation. My levies are directed to “any and all monies, credits, goods and effects, debts owing to and against any and all personal property or safe deposit boxes belonging to the defendant and under the custody and control of XYZ Bank, together with all accounts, including but not limited to account no. 1234-5678.” At least the bank knows whether there is or was one valid account and can use that to trace subsequent and/or tied accounts for that holder.

To the OP - Nobody can suggest more than the routine enforcement measures without knowing more about your debtor

[stevep6]

CollectionGuru & dcatz, thanks for the info.

Dcatz, per your other response about searching prior to this post, I can assure you I spent at least an hour trying to research this question; 98% of the search results were from debtors or their relatives trying to understand the account levy concept and how they could reverse those actions

If I may ask a follow up - I need to discover the debtor's bank. He paid rent by cash or cashier's check so I have no information there. I realize I could hire a PI to observe him on a Friday but that's probably not cost efficient for my situation as I suspect the account to be under $500. What do collection services do to obtain this info?

Also, I'm delaying interrogatories in an attempt to obtain information before he realizes I have located his residence and employer.

If you need any more information, feel free to ask. I'm trying to be somewhat brief so you don't have to read an entire dissertation prior to responding. Thanks!

[dcatz]

98% of the search results were from debtors or their relatives trying to understand the account levy concept and how they could reverse those actions.

Ok, it’s too much to post multiple links to the Civil Lit. response. Also, you may notice that there is a disadvantaged poster using this forum for purposes for which it was not intended. I’ve called in judicial favors and he is now on the radar of federal authorities (literally). Disclosures may have to be made soon that will conclude my posting on FA, so I’ll do the best that I can in the meantime.

It’s not likely that you have access to resources that collection services or collection attorneys pay to use, but a PI could be a waste of money, if wages are direct deposit. Did you make copies of cashiers’ checks and were they all drawn on the same bank? (Sometimes people are lazy-sloppy and just go where they’re going anyway.) Beyond that, you have subpoena power. A subpoena for copies of the employer’s checks or pay records should help as much and be more certain and less expensive than a P.I.

If you know an employer, isn’t a wage garnishment likely to be more effective than a bank garnishment that’s possibly going to be a one-shot deal? Besides, you can do both at the same time and, if exemptions are claimed, you’re likely to learn as much from the exemption claim as if you serve interrogatories (which he’ll probably ignore).

When I said here and in the duplicate post that it’s necessary to know about your debtor, I meant everything that you can learn and, preferably, not from him directly. The more that you can learn independently, the more likely it is to be valid and useful – familiarize yourself with the enforcement options in your state and familiarize yourself with your debtor (work, hobbies, personal property, other debts and additional sources of income, anything and everything).

I have admiration for P.I.s. Chien (a friend and former poster) and I work with them regularly. But even a one-time use of a public record database (just Google “public records” for a dozen choices) is more cost-effective until you know how a P.I. is going to help you and, with all due respect, you don’t seem to have a clear idea now.