Here is a snapshot of a successful enforcement of a judgment from beginning to end.
I got a call from a person who was awarded a judgment back in 2011. The judgment was for an auto accident and the defendant had no insurance. After researching the judgment debtor on-line, we decided to take the case. I mailed out the assignment package and waited for it to return in the mail, which it did a week later.
After filing the assignment at the courthouse, we were able to then pull the debtor’s credit report, and run him through our information brokers to gather as much information as we could. We were able to identify a full-time employer, as well as some non-exempt personal property that could be executed upon.
We filed the garnishment with the Court, served the employer and the debtor with the garnishment paperwork, and waited to receive the answer form back. Several weeks later, the first answer came back, and as we thought, our debtor did work and had non-expempt income available. The employer started withholding, and we waited for the statutory 60 day period, then served the second answer. Once the second answer was returned, we filed for a Judgment on Answer and Order to Pay, and the check came in the mail. We deposited the Original Judgment Creditor’s percentage into our trust account to be held until the next month, and filed a new garnishment.
In the meantime, we were able to identify that this debtor had an old bass boat parked next to his house, and after running the HIN number through the DOL, established that he did, in fact, own the boat. So, we filed a personal property execution with the court, contacted our bonding company, the moving and storage company, took a trip to the sheriff’s office, and set up the time to have the boat seized and sold at a sheriff’s auction.
The sheriff showed up at his trailer at 7:00am on Saturday and the movers hooked the boat to their truck, and hauled it back to the storage yard. The sheriff set the date for the sale, and I advertised it on Craigslist, in the paper and on-line. On the morning of the auction, around 20 people showed up and the final bid was just enough to cover the cost of the execution, and satisfy the judgment.
I quashed the second garnishment that was running, and filed an Order to Disburse funds with the Court. Once the check arrived from the court, I deposited the OJC’s percentage into our trust account, and called them to let them know the good news. I filed a satisfaction of judgment with the clerk, and took my wife out for dinner to celebrate.