A
arnhem
Guest
What is the name of your state? California
Hello,
I have (so I'm told) a very unusual collection problem and need some advice.
First, the background. I won my small claims case a little over a year ago and was awarded approximately $3,500. The judgment debtor is a subchapter 'S' corporation with a sole agent (one guy running it). The corporation is located in the agent's apartment.
The agent won't answer any communication and refuses to pay.
I have attempted to have the agent appear three times for a judgment debtor examination. He never showed up. The court finally issued a bench warrant for his arrest, but the sheriff refuses to go arrest the guy. (I'm in a big city where they have more pressing things to do.)
I have no real idea what the company’s specific assets are, but I do know that they have a fair amount of computer equipment. Most of the computer equipment is located at a locked remote office that is not accessible to the public and has no staff on hand. The remainder (very little) of the equipment is located in the agent's apartment.
I have attempted a levy against the companies bank account, but the account has been moved to a new bank and I can't find it.
So my questions are:
What is my best course of action? I assume I should attempt a levy against the businesses property, however the sheriff's department charges a $2,500 fee for moving equipment, so I'm naturally reluctant to go into it blind.
What are the problems with attempting to levy on property in his apartment vs. the property in the remote office? The sheriff's department can't give me a straight answer about this. Can anyone help?
Is there anything I can do to enforce the arrest warrant? I assume that if I have the sheriff serve him with more papers, they will be required to exercise the arrest warrant at the same time. Is this true?
Thanks a million in advance for any advice you can offer.
Hello,
I have (so I'm told) a very unusual collection problem and need some advice.
First, the background. I won my small claims case a little over a year ago and was awarded approximately $3,500. The judgment debtor is a subchapter 'S' corporation with a sole agent (one guy running it). The corporation is located in the agent's apartment.
The agent won't answer any communication and refuses to pay.
I have attempted to have the agent appear three times for a judgment debtor examination. He never showed up. The court finally issued a bench warrant for his arrest, but the sheriff refuses to go arrest the guy. (I'm in a big city where they have more pressing things to do.)
I have no real idea what the company’s specific assets are, but I do know that they have a fair amount of computer equipment. Most of the computer equipment is located at a locked remote office that is not accessible to the public and has no staff on hand. The remainder (very little) of the equipment is located in the agent's apartment.
I have attempted a levy against the companies bank account, but the account has been moved to a new bank and I can't find it.
So my questions are:
What is my best course of action? I assume I should attempt a levy against the businesses property, however the sheriff's department charges a $2,500 fee for moving equipment, so I'm naturally reluctant to go into it blind.
What are the problems with attempting to levy on property in his apartment vs. the property in the remote office? The sheriff's department can't give me a straight answer about this. Can anyone help?
Is there anything I can do to enforce the arrest warrant? I assume that if I have the sheriff serve him with more papers, they will be required to exercise the arrest warrant at the same time. Is this true?
Thanks a million in advance for any advice you can offer.