Rights to a debtor's credit report

[thaddeus333]

California

I sued a guy 5 years ago and won in small claims. I didn't have the funds to collect at the time. I am more stable now and have some free time. I have been researching on the web and come across a few pieces of info about judgment enforcement. A few have mentioned that I have a right to a copy of the debtor's credit report in order to help me collect the debt owed me. How do I obtain a copy? What info do I need? Where do I go?Thanks in advance

 

[JETX]

A few have mentioned that I have a right to a copy of the debtor's credit report in order to help me collect the debt owed me. How do I obtain a copy? What info do I need? Where do I go?

Though you, as a judgment creditor, do have a right to access the debtors credit report, the problem you will have is in finding a report provider (subscriber) who will allow you to get one.
Due to liability and privacy concerns, the credit report firms are very reluctant to deal with an individual.

 

[Leinalani]

California

I sued a guy 5 years ago and won in small claims. I didn't have the funds to collect at the time. I am more stable now and have some free time. I have been researching on the web and come across a few pieces of info about judgment enforcement. A few have mentioned that I have a right to a copy of the debtor's credit report in order to help me collect the debt owed me. How do I obtain a copy? What info do I need? Where do I go?Thanks in advance

Since it might be hard for you to obtain a credit report, maybe you should go for a "Debtor's Hearing". This will enable you to have the person you have a judgement against to appear in court and at that time you can ask him what his assets are, where he works, etc. This site may answer some questions of yours. But check with the courts you originally filed the claim with for specifics.

http://www.courtinfo.ca.gov/selfhelp/smallclaims/debtorsexam.htm#why

 

[dcatz]

OP -
JETX is right. Technically, you're a "permitted user" and judgment enforcement is a "permitted use", but the CRAs are not only concerned about privacy, they want a good commercial relation. They want customers who are going to purchase data in volume and report data in volume. You're not going to use in volume and you're not going to report at all. They'll make it difficult (viz. impossible) for you to use the services. Rather than an asset exam, consider developing the data you need through a private source. Many companies collect and sell public record data. Using the available data intelligently will give you more enforcement options than you could get from a credit report or an asset exam. These are private providers, so I'm not going to endorse one over the aothers, but just Google on "public records" and you'll have plenty of choices.

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Leinalani-
I'm not stalking you or this subject - this is just coincidence. My first response in these forums was to a California judgment creditor who was frustrated with the effectiveness of asset exams or debtor hearings as a way of developing information. That response is here: https://forum.freeadvice.com/showthread.php?t=279106

You're correct - there is a mechanism for such proceedings in all states. But, in most states, in most instances, judgment debtor hearings are a comparatively expensive and inefficient way of doing this. The post that I first responded to reflects a common experience.

 

[Leinalani]

Leinalani-
I'm not stalking you or this subject - this is just coincidence. My first response in these forums was to a California judgment creditor who was frustrated with the effectiveness of asset exams or debtor hearings as a way of developing information. That response is here: https://forum.freeadvice.com/showthread.php?t=279106

You're correct - there is a mechanism for such proceedings in all states. But, in most states, in most instances, judgment debtor hearings are a comparatively expensive and inefficient way of doing this. The post that I first responded to reflects a common experience.

There are pros and cons to everything. I thought of the hearing as an option to the OP, should he consider it.

 

[dcatz]

It's an option, but so is forgetting about the judgment. Compared to other options, it's not very attractive.

Developing enforcement alternatives using online public records:
Probable cost: $20 - $50
Probable time required - with no prior experience: 60-90 minutes
Pros: "instant" answers
Cons: lack of skill and/or patience requires doing a debtor hearing anyway

Developing enforcement alternatives by a debtor hearing:
Probable cost: Order to Appear: $36.30, Service of Order to Appear: $35 - $50, Civil contempt warrant if debtor fails to show: $50
Probable time required: Get court form, complete court form, submit form and get hearing date (45-60 days from submission), *submit approved form to sheriff/process server, wait for successful service
Pros: ?
Cons: *debtor isn't served (pay for new Order and start again), debtor fails to appear (pay $50 for contempt warrant), spend half-day in court, debtor lies

*In OP's state, debtor must be personally served by hand delivery - no mailing permitted (this can be hard, if the debtor is evading service).

 

[Leinalani]

It's an option, but so is forgetting about the judgment. Compared to other options, it's not very attractive.

Developing enforcement alternatives using online public records:
Probable cost: $20 - $50
Probable time required - with no prior experience: 60-90 minutes
Pros: "instant" answers
Cons: lack of skill and/or patience requires doing a debtor hearing anyway

Developing enforcement alternatives by a debtor hearing:
Probable cost: Order to Appear: $36.30, Service of Order to Appear: $35 - $50, Civil contempt warrant if debtor fails to show: $50
Probable time required: Get court form, complete court form, submit form and get hearing date (45-60 days from submission), *submit approved form to sheriff/process server, wait for successful service
Pros: ?
Cons: *debtor isn't served (pay for new Order and start again), debtor fails to appear (pay $50 for contempt warrant), spend half-day in court, debtor lies

*In OP's state, debtor must be personally served by hand delivery - no mailing permitted (this can be hard, if the debtor is evading service).

I like how you explain things...very informative. Thanks...I'll add it as another means of acquiring information when collecting on a judgement...