The following is a great compilation of what happens when bad news is on its way. You know the saying, “into each life a little rain must fall”…..we all know to expect it; however when it shows up there is a sliver or a whole chunk of fear that comes with the unknown. Think about how you have given or gotten bad news and what you have done to get to solid ground. Let me know. The best answer will get a complimentary pass to our next GUTSY WOMEN weekend or for the men a copy of “Don’t Bring It to Work”. If you are willing I would also like to post your response on a future blog.
The Notice of Motion (Entry of Order) and the Motion (Order) are sometimes combined into one document. You need to make several copies of all documents, schedule a hearing date at the court, and have the judgment debtor served everything.
What about property? Does he have real estate that you could eventually put a judgment lien against? Does he have a number of cars, a boat, or other expensive property that you could put a lien against? Will he have money in the bank if you file a bank garnishment? When you’re collecting on a judgment, remember that much of your debtor’s property is going to be exempt from execution. A debtor of modest means will likely be able to keep his car, his house, and the contents of his house from creditors.
You can serve the statement of claim yourself by doing this in person or alternatively by having a process server business do so. A third option available is by paying a fee to the court to send it by post. You cannot properly serve a statement of claim by sending it yourself in the mail, even if you send it by registered post. It is only a small fee to have the court post the statement of claim for you and they keep the record of posting for their files. It is important to note that however you decide to deliver it, you must do so within 6 months of filing your claim. You should not delay in sending it and should do so as early as possible in the event that there are difficulties in contacting the debtor.
You must prepare a stamped envelope, with your name and address on the return envelope, and the debtor’s last known address. You should do some due diligence to verify the address of the judgment debtor is correct.
Once the judge has issued your order, he/she will give you the necessary information on how to have it served. In Tucson, you bring the form over to the county process servers. This is also free. Fill out the form with his/her name, description, date of birth, identifying marks (tattoos, etc.), and current address, work location and phone number if you know it.
4) Give up. Especially if the amount owed is less than $500 and/or the debtor cannot be located, or they won’t settle at any price. It’s not cost-effective to sue for tiny amounts. Of course, if money is no concern to you, you can spend $500 on a PI to find them, $200-$600 to serve and sue them, then give up 50% to a judgment enforcer to get (at most) $250 back.