Associated Contractors Of America
Won the judgement… Now what?
I won a judgement against a dirty contractor and, since he never furnished me with his financial disclosure after losing in small claims court, I’m going to file a contempt of court this Tuesday. What does hitting him with contempt of court really do for me? Winning the judgement didn’t really do anything for me since nothing is forcing this guy to pay me unless I can find out where he banks and what he owns… How is an average citizen supposed to find that stuff out? Don’t all the privacy laws these days make that impossible unless I’m associated with some type of legal entity? And how can I be sure that if he supplies me with his financial disclosure that’s it’s complete? He could say he has an Associated Bank account, but in actuality he keeps the majority of his funds with Bank of America? Is there a way, considering I won a judgement against him, to do a broad search using his SSN or something? And I’ve already docketed the judgement.
The way I was able to get access to bank account information was to have a person write the defendant a check. Obviously, we didn’t disclose that this person who wrote the check had any connection to the lawsuit. Once the check was deposited by the defendant we had the bank account information for the defendant. Then I trotted down to the courthouse and filed a Writ of Garnishment which I then served on the bank. The bank froze that money and after a short time, my client got every penny of her judgment.
If this is a contractor, chances are pretty good he would deposit a check that was sent to him. Remember that you are giving him that money, though. So if you have someone send him a check for $50, you are NOT getting that money back. And if he takes this check directly to the issuing bank – it won’t even be deposited into an account so you won’t have any account information. This isn’t a 100% fool proof way of getting the information . . . but I’ve had good luck with it.
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