Writ of Execution to secure a bank account in a judgment satisfaction
San Diego, CA |
Do I have to have an actual bank account number or can I just provide a SS# of the debtor? I believe he is hiding $ under our son's SS# as well. If a bank account number is necessary, how do I go about getting it?
I don't practice in your state , usually a blind bank writ states "any and all accounts" and the bank finds all account that the debtor is a signor , if you have a suspicion about concealment you should hire a lawyer who works locally in collection.
Generally speaking this is just some information for creditors.
The key to successful collections is information about a “way to go” from the debtor. The debtor's income stream from wages or contracts needs to be legally intercepted before the debtor gets it, or after the debtor puts the money in the bank. From contractual writs, to bank writs and attachments, to wage garnishments and attachments are normal points in the income stream that may be intercepted, extreme points are forced sale of assets like a sheriff’s sale. Bear in mind that if the debtor is eligible for protection under bankruptcy law that is their “get out of jail free card” and can be played when eligible and you will have to pay back anything that you obtained from 90 days prior. An interesting issues is always the age of the account and fresher is better, when the debt hits the statute of limitations you are done.
Once you have a judgment and you can transcribe the judgment into the jurisdiction where the debtor lives or works you can collect.
If you have a judgment you can conduct supplemental proceedings or a debtor’s examination, or in the alternative, you can send interrogatories to the debtor.
If you suspect the debtor has transferred assets subsequent to your judgment and you can prove it, you have recourse under the Uniform Fraudulent Transfers Act if the act was adopted by your state or the debtor’s state or where the assets are located.
You can turn your account over to licensed and bonded collection agency for about half of the proceeds or hire a collection lawyer to work the account for a time or a percentage.
I do not practice in your state and you should talk with agencies and lawyers in the debtor’s area.