collection & finding info

What is the name of your state? NC

I've been awarded a maxed out Small Claims Award against a contractor who basically did more damage than good during his employ with me. He has no other employment (self-empl.), and all the apparent assets I know of (i.e. the truck he used while on site, the house I tracked him to in Smithfield) are registered in a "friend's" name.

The police are telling me there's nothing else they can do without actually knowing some financial info first (i.e. place of banking, etc.). My question is, is there anything I can do to aid this (or is there anything else they can do)? I don't really have the funds to pay for a PI, att'y.

What about a judgement debtor examination (or asset disclosure hearing)? I've heard of these being used (to collect tax info, etc.), but can find no mention on my local county court webpage - is this even an option in NC?

I figure if all else fails that I'll go to the police and work this from a criminal matter (he did take MUCH in excess of $200 in materials -- that were technically mine at that point -- off when abandoning the job). As I understand, this qualifies for grand theft. I just figured that I'd be much more likely to stand a chance at collection if he weren't up against criminal charges.

Any advice would be greatly appreciated (either about suggestions for discovery options, or about ramifications for proceeding criminally!)

Thanks much!

North Carolina's General Statutes are not as easy to read as other state statutes, but you can find some very helpful information regarding your situation.

I believe you can go back to SCC, or just to the clerk of court, and start putting liens on everything the man has--house, property, etc. You can find what he owns by going to the record of deeds, etc.

You have to keep this judgement in force; it has to be renewed every ten years if I recall correctly, but you can keep it alive for a very long time. Then, whatever he gets, you get a portion of, or all of it.

You can even get force a sale of his possessions.

Do a search for the General Statues of North Carolina. It's interesting reading and quite helpful.

that's the problem... in reviewing the deeds & with help from a local officer assigned to the execution order, we've basically found nothing in his name.. everything in the name of his friends and girlfriend. The RV in his yard is registered to a friend down the road... the house is in his girlfriend's name, the cars/trucks are in other names (even though one vehicle is the one he always used for business & is constantly parked in his yard).

so no property/assets in his name, no liens.

Basically, I've done much of the grunt work as I know to do and am looking for any help that might get me further.

Hence my question about Judgement Debtor Examinations... my thought is that with tax records, I have proof of assets/etc... though I do not have any experience in this arena to know if this is the next step, or if there's some other factor I could investigate.

Maybe I should start writing bogus love letters to him so that the girlfriend finds them & kicks him out -- then perhaps if he's forced to pony up for a place by himself I can collect. (kidding of course)

Any other thoughts from the legal minds? Or does trying to pursue the Judgement Debtor Examination sound like the next logical step?

Thanks!

Well, now it's time to yell for Halket--or to refer you to his expert advice; that is his profession!

I wish I had kept my big mouth shut and hopefully he would have jumped in here and answered you and you would already have the information you need.

"Here he comes, to save the day,
that means that Mighty Mouse is on the way!!"

Kosh, in reading your post, I regretfully have to say that you probably have a judgment that is currently unenforcable. One of the key things that anyone (attorney or pro se) should do before anticipating a lawsuit is to determine the likelihood of recovery when you win. It sounds like it was not done in this case.

In any event.....
NC judgments are valid for 10 years and there is a possibility that you could recover something in that time.

In the meantime, do the following:
Go to the civil division of the Clerk of Superior Court's Office and have the clerk issue an order to the sheriff called an execution. This gives the sheriff the power to demand payment of your judgment from the defendant. If the defendant does not pay, the sheriff can then seize any cash, vehicles, goods or other property of the defendant, sell them, and use the money to pay the judgment. The sheriff turns over any money collected in this way to the clerk, who notes payment in the official records and gives the money to you.

There is a fee for issuing this execution order, and a fee to the sheriff's office for trying to collect the judgment.

Property Which the Sheriff Cannot Take - "Exempt" Property
The law lets the defendant keep some property, which is called "exempt" property. Therefore, before the clerk can issue the execution order, you must get two new forms from the clerk, called Notice of Right to Have Exemptions Designated and Motion to Claim Exempt Property. You must fill out portions of these forms, have the clerk sign the Notice and then have both forms served on the losing party. You can do this using the sheriff or the mail.

After receiving these forms, the defendant has 20 days to fill out the Motion to Claim Exempt Property, mail or deliver it to the clerk's office, and send you a copy. If the defendant does not return the form in the 20-day period or returns the form showing there is property to take, you can then ask the clerk to issue the execution to the sheriff. If the defendant returns the form but lists property as exempt that you believe should not have been listed, then you can ask for a hearing before a District Court judge. At that hearing, you and/or the judge can ask the defendant questions about the property listed on the Motion to Claim Exempt Property or any other property which you believe that the defendant may own but did not list on the Motion. If the defendant denies owning certain property, then you will need to prove that the defendant is wrong. The Judge will then make a decision about what property the defendant can keep. After that decision is made, then you can ask the clerk of court to issue the execution to the sheriff.

There is a fee for issuing this execution order, and a fee to the sheriff's office for trying to collect the judgment. Sometimes the defendant may give the sheriff the money that is owed on the judgment. If the defendant does not pay, then the sheriff will need to locate property that can be taken to pay the judgment, then there will be additional costs involved in taking the property and selling it. You will be required to post a bond before the sheriff will take the property and sell it to pay the judgment. You will be reimbursed for these costs from the money collected from the sale of the property.

Do not attempt to take the execution to the other party yourself. Only the sheriff can deliver an execution and collect the money. After an execution is in force, do not accept any money or property from the other party.

The execution papers are good for 90 days. If the sheriff cannot locate the defendant to deliver the execution or cannot locate property that can be taken to pay the judgment within that 90 day period, then he will lose his authority to try and collect the judgment for you. After the 90 days, the sheriff will return the papers back to the clerk of court with a written statement about why the papers are being returned. If you still want to try and collect the judgment, then you will need to pay additional fees and ask the clerk to issue another execution. There is no limit on the number of executions that the clerk can issue. However, you are required to give the defendant a new Notice of Right to Have Exemptions Designated and Motion to Claim Exempt Property before any new executions are issued.

Some things you might try since the judgment debtor is a contractor:
1) Is he licensed?? If so, then you might contact the licensing agency and see if your judgment can be used to revoke or suspend his license. Some states allow this action, some don't.
2) Does your city/county require permits before any construction is started?? If so, check with the permit departments and find out if the debtor has any work in progress or scheduled to start. If he does, then return to court and request a 'Turnover Order' where the homeowner will be ordered to turn over any moneys to you that is owed to the judgment debtor. A side benefit of this is that sometimes just letting the homeowner know that his 'contractor' has outstanding judgment(s) could bring the debtor to payment.
3) Is he bonded?? If so, check into filing a claim against his bond.

Finally, you may be wondering what the state allows the debtor to exempt:
Each debtor can exempt:
up to $10,000 in land, house, mobile home or other property used as a residence, or burial plots. (Additional protections may apply to real property or mobile homes owned by married persons.)
up to $3,500 in any property (this amount is reduced by the amount of exemption claimed for residence or burial plot).
up to $1,500 in one automobile.
up to $3,500 in clothes, household furnishings and goods, appliances, books, animals, crops, and musical instruments which are used primarily for personal, family, or household use. (This amount increases $750 for each dependent of the debtor up to a maximum of four (4) dependents.)
up to $750 in books, tools, or other implements used in the trade of a debtor or dependent of the debtor.
life insurance policies listing dependents as beneficiaries.
items of health care aid necessary for you or your dependents to work or sustain health.
compensation for personal injury or for the death of a person upon whom you depend for support (unless the judgment is for services related to the compensated injury).

What Property Is Not Protected?
all of your property, if you fail to claim your exemptions on time!
the value of property in excess of the exemption amounts allowed.
personal property purchased less than 90 days before the judgment collection proceedings begin.
claims of the Federal government or its agencies, to the extent that federal law so provides.
claims of the State or its subdivisions for taxes, appearance bonds, or fiduciary bonds.
claims for liens placed by law against specific property.
if a creditor takes a security interest in connection with the purchase of an item, the item is not exempt from a judgment for the property by that creditor.
orders for child support, alimony, or property distribution related to divorce or alimony.
property owned by debtors who do not reside in North Carolina.
judgments against corporations."

Best of luck in this endeavor..... and you just thought that getting the judgment was the hard part!! And remember, your judgment will accrue interest at 8% per annum.