Need advice on how to collect

[arnhem]

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.

 

[JETX]

"What is my best course of action?"
*** With the risk of your assuming this a smart-ass answer, the 'best course' is the one that gets payment. Simply, there is no other answer for that very broad and vague question.

"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?"
*** Yep, it won't work. Your judgment is against the corporation, and not the individual. This means that any personal assets cannot be seized or levied. And, the chances of any property in the apartment being the corporations.... are very slim.

"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?"
*** Contact the originating court and let them know that the sheriff appears reluctant to enforce his courts warrant. I am sure that he will 'arrange' it to be served.

 

[arnhem]

Thank you JETX,

No, I don't assume that you gave me a smart-ass answer. I see that my question was not specific. My bad, sorry.

What I should have said was:
How can I attempt a levy against the remote office location? I'm 95% sure that there is enough computer equipment there to satisfy the judgment plus costs, and it's within the jurisdiction of the same sheriff's department. The main problem is that there is usually no staff at that location, and the sheriff will have to force entry; which they are understandably reluctant to do since they only have my word to go on that his assets are at that location. (I know this because I followed him there and looked in the window...but I have no real 'proof'.) I asked the sheriffs office how to proceed (twice) and they kept saying they didn't know the answer.

Oh, I took your advice and made a few phone calls. It took a little wrangling, but the sheriff's office has promised they'll have a deputy try to serve the warrant tomorrow. So THANKS!