Re: Trailer Trusts & Judgement Collection - Posted by Dr. Craig Whisler CA NV
Posted by Dr. Craig Whisler CA NV on July 18, 2003 at 17:03:59:
Re: bank accounts, yes. Re: wages, yes.
You don’t actually freeze the bank account though. You have no right to prevent the account owner from using his remaining money after you grab yours. We say you “attach” the account rather than freezing it. It is done a million times a day, all over the country. Wage garnishment is common to. That’s what collection agencies and collection attorneys do all day long. If you are doing this yourself, without an attorney, you must first locate a bank account with money it it that belongs to the judgment debtor. Oh yeah, did I mention that you must also first have a court judgment before you can even lower the temperature a little of someone’s account or make a grab for their paycheck. Note however that garnishment won’t work if the deadbeat is self-employed. With garnishments, there is usually a certain percentage that you can’t get. That is intended to allow the worker to at least feed his family and promote job stability. If you could get ALL of his wages, why would he continue to work for nothing? He would quit and go look for another job, where hopefully you couldn’t find him, or (as in my case) become self-emplolyed and use Ernest’s techniques to keep you from becoming too familiar with my assets (if any). One special case occurs if a self-employed judgment debtor owns a store-type business that is open to the public. In California you can put a keeper (in uniform replete with police badge, gun, etc. behind the cash register to make change and put ALL of the rest of the incoming money in his pocket (for you, of course). The keepee (party of the dead-beat’s part) isn’t even allowed to touch any of the money coming in from his customers.
Jon, I hope this helps you some. If you have any further debt collection questions just post them here. They should be of interest to others on this board as everyone needs to collect money sometimes, at least if they are making any.
I take it seriously when someone owes me money. I try to put a quick end to such untenable situations. Have a nice day, but first be sure your check is in the mail.