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When
you have invested your time and money into a suit, it is frustrating to have
the case awarded in your favor, only to find that the debtor is no longer in
the state. Once you track the debtor
down, then you’ll have to pursue your judgment.
It is not uncommon for a debtor in a suit to change locations, but that doesn't mean that it will be difficult to collect a judgment from a state other
than the one the judgment was awarded in.
What
About Cross State Moves?
Some
plaintiffs are under the false impression that if a debtor moves to another
state before a judgment is settled that they will have to get a judgment in the
new state, and that they will need a collections attorney to complete the
process. However, this is inaccurate on
both points. The plaintiff can take care
of the paperwork himself, as it typically involves a relatively simple form
that registers the original judgment in a civil court in the new state. For the quickest results, register the
judgment in the county where the debtor works or owns property.
The
Finer Details
After
you have registered the previously awarded judgment in the debtor’s new locale,
then you’ll need to contact the sheriff’s department of the county in which the
judgment was filed. The sheriff’s
department can then put you in contact with whoever is levying officer of the
county. This person should be contacted
to find out what needs to be done in order to pursue the judgment.
A
writ may be necessary, in addition to the newly registered judgment as well as
the original. Once the levying officer
is aware of the judgment and has all of the necessary paperwork, then the claim
can be pursued. Once the debtor’s assets
have been located, you will be able to collect on your judgment. If you have questions regarding your ability
to receive your judgment from a debtor who has moved, contact the law offices
of Ross Gelfand.
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