• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Finding Bank info for judgement collection?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Cherrytreemetal

Junior Member
What is the name of your state (only U.S. law)? Kansas

We are getting ready to take a delinquent customer to small claims court but do not no where they bank or the account number. What is the best or easiest way to find out this info? Thanks.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Kansas

We are getting ready to take a delinquent customer to small claims court but do not no where they bank or the account number. What is the best or easiest way to find out this info? Thanks.
One idea would be to have someone they do not know buy an item and pay by check. Then, you'll have their bank info on the canceled check.
 

Cherrytreemetal

Junior Member
One idea would be to have someone they do not know buy an item and pay by check. Then, you'll have their bank info on the canceled check.
Good advice! I'm pretty sure they deal exclusively in larger ticket items ($500+), so I hope it doesn't have to come to that.
 

Zigner

Senior Member, Non-Attorney
Good advice! I'm pretty sure they deal exclusively in larger ticket items ($500+), so I hope it doesn't have to come to that.
Gotcha -
When you win your suit, you can follow up with an examination of their assets which will allow you to find the info also.
 

racer72

Senior Member
Even easier. After you receive a judgment and your 30 days initial collection period has passed, you subpoena the debtor to appear at a debtor's exam. Then all you have to do is ask the debtor for his account information.
 

Cherrytreemetal

Junior Member
Even easier. After you receive a judgment and your 30 days initial collection period has passed, you subpoena the debtor to appear at a debtor's exam. Then all you have to do is ask the debtor for his account information.

I apologize... the state is actually Missouri. We are right on the state line and I'm used to doing everything in Kansas. Is a debtor's exam available to me in MO as well?

Should I get off my lazy can and find out for myself?
 

dcatz

Senior Member
OP – Every state provides for some form of asset or debtor exam. With the utmost respect to members that allude to them, exams are statistically useless. Explore other ways to recover before exploring exams. When you get your judgment, ask to be paid. A good rule of thumb is to assume that, if the debtor is not going to pay voluntarily, the debtor is not going to voluntarily participate in an exam to enable you to get paid.

Creditors’ rights professionals – attorneys, debt collectors – think of exams as a last recourse, not a first. Contact your (MO) court and ask what happens if the debtor ignores the order to appear and/or produce documents. In the vast majority of instances, a contempt warrant or something equivalent will issue and you get the right to pay to do the whole thing again. Authorities seldom have resources – time, money, manpower – to enforce civil contempt.

Learn your other options. For example, MO authorizes a till tap. A till tap authorizes the Sheriff to go into a place of business and take the money in the cash register(s). And you can do it every day – for every register. And you can add the costs of enforcement to the amount to be collected. If you’re the store owner, how long would you allow that to continue before offering payment?

If you go to Vegas or Atlantic City expecting to hit the jackpot, you’ll like asset exams. If you want to get paid, learn more about collections.
 

calstatepi

Junior Member
Judgment Collection Manual

Don't worry about the bank account info just yet. Go ahead and get the judgment against the company. The company just might pay you off when they are served with the small claims lawsuit.

Once you have the judgment, then I would schedule a debtors examination. I luv debtors examinations because it can involve other people in the debtors business. Just think about it. The debtors landlord is brought into court to give you a copy of the debtors lease agreement and rental application and copies of checks written to the landlord by the debtor.

I will pull the debtor's credit report on judgments that I am collecting. I will subpoena all applications, and payment information from all recent creditors to the debtors examination.

I am not an attorney and this is not legal advise. I am a professional judgment recovery specialist and this is for information purposes only.
 
Last edited by a moderator:

dcatz

Senior Member
I am not an attorney and this is not legal advise.
It’s not even proper spelling.

This OP is dealing with a business. Your observations are irrelevant to the OP’s needs.

The issue is in MO. If you try to impute CA procedures to other states, you are irrelevant to the OP’s needs.

You don’t seem to understand why your posts are being deleted by administrators. Read the TOS.

“Specialist”? Try “self-aggrandizing troll”. “Professional”? Wrong again.
 

Dandy Don

Senior Member
As an alternative you could pay a private investigator to find out that information or subscribe to a database service that provides it if you are a business.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top