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Lesson 4

Seize The Debtor's Assets

      In some cases it will be necessary and advisable to seize property, so we'll now discuss how to go about doing it.
     The first consideration is that it is very important to fill out the Court forms properly with accurate information.  Make sure that the debtors' names are spelled correctly and that all the other information is correct, including spelling.  Technical errors in the forms can allow the debtors to have the judgment vacated or even require you to return money that you've already collected.  

Traffic Accident - May Be Special Case
      When a judgment is the result of a traffic accident some states allow you to enter an abstract of judgment which suspends the person's driver's license until the judgment is paid.  Check your state code to see if this is allowed.   The court will have the necessary forms.

Writ of Execution
      This writ is the primary order or form you will be using.  It is used to garnish wages, seize property, and do a third party levy.  Check your state code regarding how to file or call your Court and ask.  Each state is a little different, but as usual, you can get the forms at your courthouse.  You must put in the full amount of the judgment.  If your judgment includes court costs, be sure to include them.  Do not  include the costs of locating your debtors or their assets.  As explained later, that will be done at a later time using a different form.  Don't forget about interest.  Find out, by calling the court, what interest rate is for your state.
      Figuring the daily interest is quite simple.  For example, using an interest rate of 10% and a judgment amount of $2,000, the calculation is:

$2,000 x 0.10 = $200.00 per year interest

Next, divide $200.00 by 365 = $0.55 per day interest

      The completed writ of execution must be recorded by the court clerk.  When the clerk has recorded the writ you will be ready to take it to the levying officer in the county where the debtors or the assets to be seized are located, along with a letter of instruction.

Levying officer
      This will be the person who will be seizing the property for you.  Depending on the jurisdiction, it will be the sheriff, constable, or marshal of where your debtors assets are located.  You will be giving them a "letter of instruction."  This letter will instruct the levying officer on what you want them to do.  Some areas of the country provide a form for this.  If not, here is a sample letter of instructions based on a bank levy (red items need replacement with specifics for your case).

To the constable of CountyName County, State of StateName, USA:

Please serve this writ of execution and levy against any and all deposit accounts in the names of DebtorNames, Social Security Nos. 000-00-0000
& 000-00-0000, respectively, at the BankName, BankAddress,City,State, USA.  Account Nos. 0000000, 0000000, and 0000000.  Then after the legal waiting period please mail the funds to me/us, CreditorNames, the assignee of record, at CreditAddress,City,State, USA.

A check for your fee of $20.00 is enclosed.

Thank you,

Creditor Signatures

Bank Levy
      A bank account is one of the easier assets to seize.  You can sometimes get a sizeable piece of your money all at once.  For these reasons, it pays to start here if possible.  Furthermore, if you have either received a check from the debtor or have written them one at some time in your relationship with them, you should already have their bank name and account number.  Note that if you know where their account is and have their social security numbers you can still levy without knowing the account numbers.
      From the credit report you should have the debtors' social security numbers and places of employment.  Just follow them from work to the bank on payday to find out which bank their account is at.  This will also give you a time to put on your instructions to the levying officer to best seize the account when its at its largest.
      If there is a way for you or a friend to write the debtors a check you would be able to find out for sure where they currently bank because when you get it back it will have the account information on it.  Or if your debtor owns a business go in, or have a friend go in, and pay for something by check.
      You use a writ of execution for a bank levy.  After the writ of execution is recorded in the court you take your letter of instructions for the bank levy to the levying officer.  One special issue regarding a bank levy.  The constable may be willing to serve the writ at a certain time on a certain day at the bank.
      Doing the levy at a special time on a specific date can be very important.  For example, if you have found out through your investigations that the debtors make their big deposit at 3 p.m. on Fridays, ask in the instructions that the writ be served at say 3:45 p.m. on Friday.  Or ask the constable personally if he can do this for you when you bring him the instructions.  Usually they will do this if you give them enough advance notice.
      Following the service, the bank will place a hold on the debtors' funds for 10 to 15 days, the exact period depending on the jurisdiction.  This is the legal time period that the debtors have to file for an exemption.  If a particular account is a joint account and only one of the  parties is your debtor, then you can only levy on one-half the funds in that account.
      You can see how tactics like this will get your debtors attention and make them want to get this out of their life.  But this is just the beginning and life can become even more difficult for them.

Seizing From a Business
      Businesses are usually very easy to collect from because seizures are highly visible to their customers.  A business will usually borrow the money to pay you in order to avoid the various possible scenarios and the the bad affect that they might have on their business and reputation.
      The first method is called a "till tap."  With this method the levying officer goes to the business and collects all the money that is in the cash register.  You have to pay a fee for this, but if the levying officer can't collect any money or the cash register is empty you usually get about one-half of your fee back.  You can, of course, add this amount to what the debtors owe you.
      The next method is called an "8 Hour Keeper."  With this method the levying officer stays in the business for 8 hours and collects all cash and check receipts, including any that come in the mail.  An hourly rate is charged in advance which can be added to the amount of your judgment.
      There are also 12 Hour, 24 Hour, and 48 Hour keepers - obviously named for whatever time it takes to collect all of your money.  You just need to fill out and record the writ of execution discussed earlier.  Remember that writs of execution are the main tool that seizures are carried out with.  Just take the original and a letter of instruction to the sheriff in the county where the business is located.  In the letter just give the instructions where you want them to go, how long you want them to stay, and what you want them to do.  Call the sheriff before to find out the fee and include it in the letter of instruction.
      Credit card purchases are not collectable, but the receipts from all other purchases are.  Debtors can avoid a keeper if they close their business for the day.  However, you just do it again.  A business can't keep closing forever if their business is profitable.  Furthermore, repeated closing will be bad for customers relations.

Property of The Business
      The debtor can close his business to avoid a keeper.  However, such is not the case with a with a levy on business property itself.  If the the debtors try to avoid a seizure of business property they can be jailed.  They have ten days to file an exemption after the property is seized for sale.  Then they are notified ten days in advance of an "execution sale."  The debtor then has ten days to satisfy the judgment or the sale will take place as scheduled.  The debtor will usually come up with the money before the sale.
      If the business is open to the public you can instruct the levying officer to seize all of the business property unless they have a partner, in which case you can only get half of it.

Collecting From a Third Party
      This is a good way to collect on a debtor who doesn't have wages to be garnished.  If there is a third person holding wages, property, escrow funds, or deposits (legally a deposit of any kind is property of the debtor) you can levy on that third person.  This procedure is common for collecting money from independent contractors and other self-employed persons or unemployed persons.
      Fill out and record a writ of execution and take it along with a letter of instruction and a memorandum to the sheriff where the third party is located.  The sheriff will send a copy to the debtors and also serve it on the third party.  The third party usually has ten days to fill out the form and respond.
      If the third party doesn't turn the  money over to you they could be held responsible for the whole amount of the judgment and other penalties.

Placing Liens on Property
      As mentioned earlier, it is usually not a good idea to force the sale of property.  It can be expensive and can have legal ramifications against you later if not done exactly right.  Even if done right it can often turn out bad.  Placing liens on property though is very effective even though collection is not usually immediate.  Remember though that interest is adding up each day and that someday day the debtors may want to sell their home, car, boat, RV, or other property against which you placed liens and they can't sell them or borrow money against them as long as the liens are in place.
      To put a lien on something use an "abstract of judgment."  After recording it in the court where your judgment was awarded take it or mail it to the recorders office in any of the counties where the debtors property is located.  You have to adjust the abstract of judgment to show any payments the debtor makes to you over time and show the accrued interest.
      You also have to remember to release the liens when your judgment is paid off.  If the property is sold, any liens filed before yours will be satisfied first.  If anything is left, it will go towards satisfying your judgment.

 

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Contents
Pre-course Quiz
Prevent Collections
Background
Lesson 1
Lesson 2
Lesson 3
Lesson 4
Lesson 5
Lesson 6

Conclusion
Final Quiz

 

Collection
e-course
resources

Calculating Judgments
Fair Debt Collection Act
Law Sources
Memorandum of Costs
Motor Vehicle Records
State Web Sites
Tracing & Tracking