Collection options from a judgement debtor in NC, or am I SOL?

[caniac_nation]

I am a judgment creditor for the amount of ~$850. I went through the process of getting a Writ of Execution. The sheriff's office negotiated payments from the debtor of $75/month and the debtor made one payment with no further payments. The writ expires in 10 days.

The only assets I'm aware of that the debtor has is a '99 truck (worth maybe $500 at auction and has a supposed $4.5k first lien on it by a financial company). I know he has a bank account at a specific bank, but I believe the sheriff inquired about the balances from the debtor and he claimed he has none.

Any advice on any options to collect that I haven't considered? I have pondered putting a 2nd lien on the vehicle so he couldn't ever sell it without paying me, but given there is a 1st already, I don't think I can do that. It's sad that I can't garnish wages because I know where the guy (retail) has worked for years. Thanks in advance!

 

[Zigner]

I am a judgment creditor for the amount of ~$850. I went through the process of getting a Writ of Execution. The sheriff's office negotiated payments from the debtor of $75/month and the debtor made one payment with no further payments. The writ expires in 10 days.

The only assets I'm aware of that the debtor has is a '99 truck (worth maybe $500 at auction and has a supposed $4.5k first lien on it by a financial company). I know he has a bank account at a specific bank, but I believe the sheriff inquired about the balances from the debtor and he claimed he has none.

Any advice on any options to collect that I haven't considered? I have pondered putting a 2nd lien on the vehicle so he couldn't ever sell it without paying me, but given there is a 1st already, I don't think I can do that. It's sad that I can't garnish wages because I know where the guy (retail) has worked for years. Thanks in advance!

Why don't you attempt to levy the bank account? If the judgment debtor is able claim an exemption, then I suspect you're out of luck anyway. A large number of small claims judgments are uncollectable.

 

[caniac_nation]

Why don't you attempt to levy the bank account? If the judgment debtor is able claim an exemption, then I suspect you're out of luck anyway. A large number of small claims judgments are uncollectable.

The debtor didn't return the paperwork to claim any exemptions prior to the writ being issued. As for the bank account, I don't know why the sheriff doesn't recommend seizing the bank account, but as noted above, I'm pretty sure it's because there's next to nothing in there for me to take.

Thanks for the response.

 

[caniac_nation]

Follow-up- Debtor's Examination-Need some advice

Apparently, the sheriff said I have to file an "order in aid" to the bank to seize his account...but I think we have to learn the account #s first.

I found out that I can do a "Debtor's Examination" to get him to answer questions under oath to get his account #s, info, etc. My first question is this: Can I require that he brings in 12 months of bank statements to the hearing? What about his current vehicle financing docs? Or do I have to get the account info through the Examination first...and then subpoena the bank for those records?

Question #2: What if the debtor claims he "doesn't know his account number", or "doesn't know how much he owes on his truck, or have current statements?" Does the court accept this ignorance?

Never done this before. Any input or guidance is appreciated. Thanks!