Debtor Examinations And Third Parties

A statement of claim is a legal form that is filed with the courts to commence a formal legal action against your debtor who is refusing to pay you. It is only done after you have sent at least one letter of demand to the debtor and received no action or result.

You could document why you have no other reasonable way to enforce the judgment. You could also document any prior court-endorsed expenses and attempts that did not satisfy the judgment.

3) After the court accepts your writ and stamps it, they will make a copy for themselves. They will then stamp one of your copies as the official copy, and one as a receipt copy. Keep the receipt copy, but it does not do much as only the court-stamped copy of the writ counts.

Under the old rules, service by regular mail was acceptable. Under the new rules it is not. Under the new rules you must serve the documents personally or using a courier, Process Server 101 or agent. You must be able to prove that the other side received the court documents.

6) In some Counties, the Sheriff does bank levies for you. In this case, all you need is the original and the copies of the writ, a signed Sheriff letter, and a check to the sheriff for $30.

It’s essential to choose a company that knows the rules of the jurisdiction where the case was filed. For example, while some jurisdictions allow any adult who is over the age of 18, has no felony convictions and is not a party to the case to serve process, most require process servers to be licensed, bonded, certified or otherwise authorized.

10) Laws can protect debtors in many ways. Some debtors do not pay because they know that it is not cost-effective or sometimes even possible to collect a judgment against them because they are “judgment-proof”. One example of this might be a Montana small claims judgment for $400 against a debtor that moved to California. It usually costs more than $400 to domesticate a judgment into California, then more money for any recovery actions, making it impractical to recover a judgment against them.

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