Failure to appear at debtors exam...now what?

[irhsprnsiss]

I reside in the state of California-quick backround facts:

*Judgement ($545+fees) obtained April 2005 and well past time for appeal.

*"Debtors Exam and Order to Produce"- filed, w/proper service (via
process server+$50) and appearance by me, 7/11/05.

*Debtor fails to appear at the hearing (Examination of Assets/Order to
Produce). When I was before the Judge, he advised that I have a warrant
issued ($50+ service fee) and 'possibly', 'maybe' the sheriff 'might' 'perhaps'
go enforce the warrant ending with the judge saying "...but, ya know they
may not, it just depends and may or may not work..."

*This small claims case was filed against the defendant BOTH as an
'individual' (john Doe) and 'd.b.a'. (owner of '123 ABC'). Original damages
were caused as a direct result of the debtor/defendant in the capacity
held as the mechanic/owner of the business (transmission shop).

My questions are simply(I hope)...

What means are there available to myself (Judgement Creditor) that will prove to be the most productive after the Judgement debtor failed to appear in court for the (debtors) "ORDER TO PRODUCE STMT OF ASSETS AND TO APPEAR FOR EXAMINATION OF ASSETS" ?

I would have the bank acct levied if I knew where or what bank...is there any means to me to find that information as a creditor?

Also, his wife works and they own a house (I have that address, unless they have moved) what options other than a lien on the property (which I am familiar with) ?

They have vehicles (a newer Navigator, last I knew) how if possible can I find out the current status ? Is DMV (Dept. of Motor Vehicles) infor. or records accessable to a judgement creditor?

I have additionally read about the remedies like "till tap" (very expensive for me to initiate/very uncommon here and seems nobody wants to assist me), Writ of Execution for Money (but info needed is unknown), there are a couple others but overall I feel as if I am being lead down the perverbial "garden path"...As I read (here & various sites) about the debtors exam procedure, it seems as if the failure to appear (by the courts order, now!) would have been addressed more aggressively with more effective recourse. However, that is a bit naive on my part - in a perfect world...yada yada yada~

Any input, suggestions or avenues to persue that may provide some resolve is very much appreciated and welcome...

A genuine thanks to all who have taken time to read and/or reply!

Just Me~

 

[dcatz]

I reside in California.

What means are there available

In California, most of your options are spelled out in the Enforcement of Judgments Act beginning at section 680.010 of the Code of Civil Procedure. You can read it here: http://www.leginfo.ca.gov/calaw.html. Some may not be practical for your case and, while you are entitled to recover costs of enforcement, some may be too expensive.

An asset exam is a common starting point. Unfortunately, it's not terribly effective. If the debtor doesn't appear, you pay $50 for a civil warrant. That goes "in the computer" and is good for 6 mos. But the Sheriff doesn't have the manpower to go and arrest or the facilities to hold if they did. If your debtor doesn't happen to get stopped for a traffic ticket or something similar, chances are that the warrant will just expire in 6 months. Try to find an option that doesn't require getting information directly from the debtor.

I would have the bank acct levied if I knew where or what bank

Did your judgment arise out of your own dealings with the debtor? Did you write a check for services? The endorsement on the back of your cancelled check includes bank and account number information. Did you pay by credit card? The card issuer can tell you to which bank the funds were sent.

Also, his wife works and they own a house

You know about real property liens, so the first thing that you did was get an Abstract of Judgment and record it with the County Recorder. If you know where his wife works, 50% of her earnings (the community property) is subject to a wage garnishment, but you will have to get a new court order to subject them to your judgment (read Code of Civil Procedure section 706.109).

They have vehicles

You cannot get DMV information for the purpose of judgment enforcement, but the fact that you considered it suggests that you are willing to spend more than would be required for possibly better options - eg. if the car is a potential asset, anything that you could do to reach it would cost more than a till tap. I suggest that you forget about the car.

I have additionally read about the remedies like "till tap"

It is not clear what assistance you need. Just take your writ and the fee (I believe it's currently $85) to the Sheriff and give them the business address. A "keeper" is a till tap on steroids. With a till tap, the sheriff goes in, takes what money is in the register and leaves. A keeper is installed for 8 hours and takes what money comes in during that time. The keeper is also entitled to conduct an inventory, which helps to identify other forms of personal property - eg. tools - that could be seized or which provides the banking information that you need. Finally, the debtor could offer to pay the judgment to get the keeper to leave. An armed deputy emptying the cash register for an 8-hour day is not good for business. (JUST BE SURE that you correctly identified your debtor as the owner of the business. If you end up taking someone else's money, you could be sued.)

Your debtor owns a business. Does he have a regular relation with another business? Eg. does he do all the transmission work for the local rent-a-car shop? If he does, ask the court for an "assignment order". This requires the debtor of your debtor (the rent-a-car shop) to pay you instead of your debtor.

It sounds as if you may be waiting to identify enforcement options before getting your writ. If so, don't wait. A writ costs $7 and is good for 6 mos. The information needed is in your judgment. If you suddenly find an enforcement opportunity, you don't want to have to wait while you apply for a writ. The asset may be gone by the time you get it.

If you ever try again to get your debtor into court (and you can every 6 months) and he actually appears, be aware of a "turnover order". You can verbally request the court to order the debtor to empty his pockets, empty his wallet, turn over his car keys - you get the idea. Not commonly used for obvious reasons but available to you.

(Should add, since you always have a *right* to a turnover order, the best *use* is to motivate cooperation. Cooperative resolution is generally cheaper for both parties.)

Good luck to you.

 

[michellecwillis]

where do you find a debtors exam forum?

I have won a judgement againt a local auto shop and he hasn't paid up. I want to garnish his bank account but I don't have his banking info. How do I get that?

 

[moburkes]

I have won a judgement againt a local auto shop and he hasn't paid up. I want to garnish his bank account but I don't have his banking info. How do I get that?

This post is almost 1 1/2 years old. Please, instead of "bumping" a thread this old, start your own. Also, it is considered rude to "hijack" another person's thread to ask your own questions. Thanks.

 

[michellecwillis]

where do you find a debtors exam form?

I can't figure out how to post my CASE****************************

 

[moburkes]

I can't figure out how to post my CASE****************************

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