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how do I file a judgement against a vet receiving disability…

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how do I file a...
how do I file a judgement against a vet receiving disability payments who has moved with no forwarding address
Submitted: 8 years ago.Category: Legal
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Answered in 5 minutes by:
6/26/2010
Lawyer: Alexia Esq., Managing Attorney replied 8 years ago
Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13,637
Experience: 19 Years of Legal Practice Experience in this precise field.
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Do you mean, how to I file a court complaint against this vet?
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Customer reply replied 8 years ago
no, I already have the judgement , I need to file to collect the amount from his assets
Lawyer: Alexia Esq., Managing Attorney replied 8 years ago

 

Ah, this is always the biggest hurdle. Your question isn't really how to 'file' a judgment, but how to find this guy and his assets, if any.

 

You can hire a private investigator, or a skip trace company to try to locate him, if your own searching turns up nothing. Asset recovery companies are also good a locating people, as they try to find the assets of those people so they can lien them. However, if you are not really sure he HAS assets, I wouldn't urge you to pay out of pocket for this. This guy may be 'judgment proof' so you wouldn't want to throw good money after bad.

 

If you don't have the energy to do so or the value of the judgment is not worth it, you could try to sell it or assign it to a collection agency - you obvioulsy will get far from full value, but it will get you something and you can wash your hands of it. THey will then use their ways to find the judgment creditor, even if it takes them 10 years.

 

In the meantime, you can feel "good" about that fact that your judgment will be on this fellows credit report, for a very long time to come - until it is paid off, in fact. It will damage his ability to get a reasonably priced loan, reasonable interest rates, even his ability to get a job.

 

 

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Customer reply replied 8 years ago
I have filed with the M.V.A.against his registered vehicles, but his cash assets are from the Veterns disabilities check issued each month. I have already "located his assets" a skip tracer or collection action would duplicate this information. I am sure he has changed his address to continue receiving his check
Lawyer: Alexia Esq., Managing Attorney replied 8 years ago

Sounds like you need to FIND this person, is that your issue?

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Lawyer: Alexia Esq., Managing Attorney replied 8 years ago

If all due diligence attempts to find the defendant to serve him with notice of garnishment, etc. have failed, consider asking the court for permission to serve him by publication, along the lines of Rule 2-122, potentially.

 

Rule 2-122. Process-Service-In rem or quasi in rem

Service by Posting or Publication.

In an in rem or quasi in rem action when the plaintiff has shown by affidavit that the whereabouts of the defendant are unknown and that reasonable efforts have been made in good faith to locate the defendant, the court may order service by the mailing of a notice to the defendant's last known address and:

  1. by the posting of the notice by the sheriff at the courthouse door or on a bulletin board within its immediate vicinity, or
  2. by publishing the notice at least once a week in each of three successive weeks in one or more newspapers of general circulation published in the county in which the action is pending, or
  3. in an action in which the rights relating to land including leasehold interests are involved, by the posting of the notice by the sheriff in a conspicuous place on the land. Additionally, the court may order any other means of notice that it deems appropriate in the circumstances.

Let's say you know where his bank is:

 

To garnish a bank account, file a Request for Garnishment of Property Other than Wages (DC/CV 60). You must provide the name and address of the debtor's financial institution. (I'd use the investigating professional for this if you don't have that info and if not, try to get him served by publication, which is a 'contructive' service.) The garnishee is served and must reply within 30 days with a Confession of Assets, a list of assets belonging to the debtor held by the bank. You will receive a copy. After 30 days have passed since the original request, you file a Request of Judgment-Garnishment (DC/CV 62) with the court and send copies to both the debtor and garnishee. If the judge decides in your favor, the garnishee will be ordered to pay the funds from the debtor's account.

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