Collecting Small Claim Default Judgment against business

[Rayland]

What is the name of your state? WA

I received a default judgment against a business (corporation) when the defendant did not appear at the initial "mandatory mediation". Later, the defendant faxed a motion to the court asking for the default judgement to be set aside. The judge eventually replied to this motion saying (as I interpret it), it's the responsibility of the defendant ("moving party") to schedule a new court date, although there was nothing on the order that said how long the "moving party" had to do this. It's been nearly 7 weeks since the date of this order and the defendant has not done anything. I've spoken with the court clerk and was informed I still have a default judgment and since it's been more then 30 days since the initial judgment I can proceed to collections.

So... I'm not sure exactly how I should proceed...

I have not been in contact with the defendant (now "judgment debtor") since the initial judgment. Do I need to send a letter (or letters) requesting payment? I briefly spoke to an attorney who suggested this probably wouldn't do any good, because it appears the judgment debtor is simply doing anything possible to delay things, hoping I just go away. He suggested I proceed with garnishment of the businesses bank account.

From a legal standpoint, if I send notices to the judgement debtor does that help at all? Does it give me any kind of legal advantage in case I need to proceed to garnishment? Or should I just do as the attorney suggests and go right to garnishment?

Assuming I proceed with garnishment (either immediately or after sending notices), what do I need to do first? The only official court papers I have are the "Order of Judgment" and the "Order on Civil Motion" (defendants motion to set aside default judgment). From what I've read, it looks like I need to request a new civil case before I can even start garnishment proceedings?

I also read about some kind of process to determine what assets the judgment debtor has. Assuming I can find a bank account number for the business, do I need to go through this process? Or should I go through this process anyway?

With regards to the process of garnishing a bank account, is this much different from garnishing wages? Reason I ask, is because it seems like there's more information about garnishing wages, but I don't want to be lead down the wrong path while trying to figure out what I have to do.

Because the business is a corporation... does that make any difference? Either in how I go about garnishing the bank account or any other part of the legal process. It's still a small business, but according to the Dept of State, it's listed as a "Regular Corporation" and the "Agent" is the person I originally served.

The business is bonded and I guess going after the bond is another route. Is that easier or more difficult than garnishing a bank account?

Thanks for any advice.What is the name of your state?

 

[racer72]

Assuming I proceed with garnishment (either immediately or after sending notices), what do I need to do first? The only official court papers I have are the "Order of Judgment" and the "Order on Civil Motion" (defendants motion to set aside default judgment). From what I've read, it looks like I need to request a new civil case before I can even start garnishment proceedings?

You now need to file for a writ of garnishment. This is the form that allows you to garnish wages, levy bank accounts or seize property. Depending on how busy the court is, it takes about 15 to 45 minutes and will cost you $20.
http://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.display&folderID=brochure_scc&altMenu=smal&fileID=collect

I also read about some kind of process to determine what assets the judgment debtor has. Assuming I can find a bank account number for the business, do I need to go through this process? Or should I go through this process anyway?

It's called a debtor's exam. The debtor will have to provide their bank account and other information.

With regards to the process of garnishing a bank account, is this much different from garnishing wages? Reason I ask, is because it seems like there's more information about garnishing wages, but I don't want to be lead down the wrong path while trying to figure out what I have to do.

It's probably easier than garnishing wages, especially if there is enough in the account to cover the judgment. Just provide the writ of garnishment and account information to a branch of the bank, you can often walk out a bit later with your money.

Because the business is a corporation... does that make any difference? Either in how I go about garnishing the bank account or any other part of the legal process. It's still a small business, but according to the Dept of State, it's listed as a "Regular Corporation" and the "Agent" is the person I originally served.

It depends on who you sued. If it was the "Joe Blow dba XYZ Company", you can attach both that persons and company's assests. It it was just the company, you will have to stick to going after company assets.

The business is bonded and I guess going after the bond is another route. Is that easier or more difficult than garnishing a bank account?

It again depends why you sued. If the bond covers work the company did then you should be able to collect from the bond. If the reason you sued was outside the normal business of the company or was due to the business doing something illegal, the bond will not cover the judgment.

Something you may want to check out is a book by Nolo Press on collecting court judgments. It is available at many book retailers and is state specific. My now 11 year old copy is well used and has paid for itself.