Legal Question in Credit and Debt Law in California
Court Case Won - Collecting
Can you give me advise?
I have had a hard fianancially and have won a court case many years ago. It has been extened (since it is over ten years).
A co-worker bought from me. He signed a contract to pay me each month. I signed over the pink slip and he sold the car. Tim did not even use the car. He was a co-worker with me at a general contractor company. Every once-in-awhile I pay an investigator to locate him and he takes off or he was using someone else's address. This has cost me a lot. I think he may be free-lancing as an estimator. He has conned himself into jobs and places to live and has a bad record so he is hard to locate. I so much need that money.
Do you think I think there is another way to get my money?
2 Answers from Attorneys
Re: Court Case Won - Collecting
Unfortunately, a judgment is only as good as the defendant's ability to respond in money or assets. If he has neither, you may as well have abstracts of judgment issued and recorded in counties in which you think he might, someday, own some property, then, at least, if he does your lien will attach to it, and if he ever sells the property, you will get paid before anyone else. It is a passive attempt at collection, but it may be the only one which will produce for you.
Otherwise, you will continually have to track him down, have Orders for Appearance of Judgment Debtor (ORAPS) issued, and exam him from time to time, under oath. There are also "skip tracers" who may be able to find assets belonging to him, they do, however, charge for their service, which may well be worth it. There are also some asset search services available on line, which cost a flat fee, and you can do it yourself. Good Luck!
Re: Court Case Won - Collecting
Have you looked into garnishing his wages, hitting his bank accounts (or those where he puts his money)?
Joel Selik
800-894-2889
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