Include what forms of payment you will accept. If you will accept credit cards, tell them. The more payment options you offer, the more likely it is the debtor will be able to pay. Request that all communication be handled in writing. This will give you a record of everything that happens should you need it down the road.
If you and the debtor agree to a payment plan, fill out a Stipulation for Time Payments and file it with the court once you and the debtor have signed it. [3] X Research source This form makes the court aware of the payment plan, which will be helpful if the debtor fails to make their payments. If you and the debtor cannot agree on a payment plan, a lot of states will allow you and the debtor to file requests to make payments, which are documents asking a judge to incorporate a certain payment plan. [4] X Research source Each party will get to file their own request, and the judge will decide on an acceptable payment plan after analyzing both requests.
Mail a copy to the debtor, file a copy with the court, and keep a copy for yourself. If you fail to file an Acknowledgment of Satisfaction of Judgment, or fail to notify the debtor by sending them a copy, you could be liable for any damages suffered by the debtor.
Look at the information contained in the Statement of Assets, which is a form the debtor may have filled out after judgment was entered. [8] X Research source This form requires the debtor to reveal the location and identification of all of their assets. [9] X Research source If the debtor failed to fill out and return a Statement of Assets, you can get the court to order the debtor to return to court in order to reveal the location and identification of their assets. [10] X Research source If the debtor shows up to court, the judge will ask them about the assets. If the debtor does not show up, a warrant may be issued for their arrest. [11] X Research source If all else fails, you can try and locate the debtor’s assets on your own. You might try contacting the debtor and their family and friends, or you may try and locate them by hiring an investigator.
A Writ of Execution can be found online at your local court’s website, or you can go to the courthouse in person to obtain one. There is usually a fee associated with having a Writ of Execution issued. [13] X Research source Check with your local court to see what the fee is and if it can be waived.
If you are garnishing a debtor’s wages, you will need to fill out an Application for an Earnings Withholding Order, which asks the court to issue the Order telling the debtor’s employer to give the sheriff a portion of what they earn until the judgment is paid. [15] X Research source This form can usually be found online or by going to your local courthouse in person. If you are seizing the debtor’s personal property (e. g. , bank accounts and vehicles), there is usually no additional paperwork needed besides the Writ of Execution.
The sheriff will also request a fee for their services. The sheriff’s fee will vary depending on what you are asking them to do. In California, for example, the sheriff’s fee may range from $35. 00 for seizing a bank account to $1,800. 00 for seizing and selling a vehicle. [18] X Research source
Mail a copy to the debtor, file a copy with the court, and keep a copy for yourself. If you fail to file an Acknowledgment of Satisfaction of Judgment, or fail to notify the debtor by sending them a copy, you could be liable for any damages suffered by the debtor.
To find this form, go to your local court’s website or visit your local courthouse in person. There is usually a fee associated with filing an Abstract of Judgment. [22] X Research source Check your jurisdiction’s fee schedule to get an idea of what the fee might be.
Each time you record the Abstract you will have to pay a fee. Contact the County Recorder’s Office you are going to record in and ask about the fees they charge.
In addition, you will need to name every county you recorded an Abstract of Judgment in and will need to have that information notarized. [25] X Research source You will then need to take this acknowledgment and have it recorded in all of those counties (there will be a fee for recording each acknowledgment). [26] X Research source Mail a copy of these forms to the debtor, file a copy with the court, and keep a copy for yourself. If you fail to file an Acknowledgment of Satisfaction of Judgment, or fail to notify the debtor by sending them a copy, you could be liable for any damages suffered by the debtor.
In California, if the judgment is over $750. 00, you must wait for 30 days after judgment is entered. [28] X Research source In California, if the judgment is under $750. 00, you must wait for 90 days after judgment is entered. [29] X Research source
In California, if the judgment is over $750. 00, you will need to fill out a Certificate of Facts Re Unsatisfied Judgment. [30] X Research source This form will ask you to briefly explain your situation and state that you are eligible to request this service. In California, if the judgment is under $750. 00, you will need to fill out a Notice of Unsatisfied Judgment. [31] X Research source This form will ask you to briefly explain your situation and state that you are eligible to request this service.
In addition, you will need to sign a form that will be sent to you by the Department of Motor Vehicles (DMV) and you will have to send this form to the debtor so they can have their driver’s license reinstated. [33] X Research source Mail a copy of these forms to the debtor, file a copy with the court, and keep a copy for yourself. If you fail to file an Acknowledgment of Satisfaction of Judgment, or fail to notify the debtor by sending them a copy, you could be liable for any damages suffered by the debtor.
