Tuesday, April 9, 2013

Collecting Debts From A Run Away Debtor

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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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