Collecting summary judgement without social security number.

Asked over 2 years ago - Brookline, MA

Hello, is it possible to collect money from a defendant if they have not revealed their social security number or their full name?

Attorney answers (5)

  1. Thomas J Callahan

    Contributor Level 18

    5

    Lawyers agree

    Answered . Obviously, you would need a name. Otherwise, where to begin? A ss# is likely not necessary, but a name certainly would be? How do you have the right to collect without a name anyway? Absent an agreement with the defendant, any collection you attempt will require court action and court process, thru which you can obtain information about the defendant's assets against which you can enforce the collection. But without the defendant's name, you cannot even file suit.

  2. Erik Hammarlund

    Contributor Level 18

    2

    Lawyers agree

    Answered . In theory, you can file a supplementary process proceeding, which is a "follow-up" lawsuit, designed to assist you in enforcing a judgment. The supplementary process procedure will require them to attend court and give information on their ability to pay, assets, and so on. You can obtain the information you seek in that proceeding.

    The value of a supplementary process proceeding will really depend on the underlying facts, including your ability to find and serve the defendant. You should consult an attorney for advice.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask... more
  3. Andrew Daniel Myers

    Contributor Level 20

    2

    Lawyers agree

    Answered . If a defendant is properly identified, meaning first and last name and correct address, then an enforceable judgment can enter even if the "full name" including middle name(s) or initials are not included. If the judgment is not paid, the defendant can be brought back in to court for a supplementary process, in which the plaintiff can question the defendant under oath and/or the defendant may have to complete an affidavit requiring the identification.

  4. Christopher W. Vaughn-Martel

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Do you know where they live? It may be possible to file suit against them and then amend later to reflect their actual name. The answer is yes, but it may be difficult.

  5. Brian S Wayson

    Contributor Level 19

    2

    Lawyers agree

    Answered . You should speak about this with your attorney, he or she will be in the best position to discuss the details and options with you.

    In general, if one goes to a bank and says "please pay me this court ordered judgement from Bill's account" I doubt the bank will provide one with any funds.

    Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice,... more

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