How to Charge Order

You won your court and now is the time to be returned. Judgement execution requires much time and money. If possible, you should try to settle with the debtor. Some debtors will not solve, and some are scoundrels. But if the regulation is an option to consider to resolve 50% of what is owed. (It can cost as much to enforce over time.)

Unfortunately, most borrowers will not really solve (pay money). If not satisfied, you have to decide, you will meet thedecision yourself? Or find an agent of the court? Judgement Enforcer are easy to find, but most, by 50% since the execution of the sentence is not easy or cheap. Some want to first try to assert their own opinion.

If you are going to make a decision alone, the most important thing to remember is to be kind, be patient and use common sense. That way if you make a mistake, most likely, will not be too expensive.

There are laws about what can and can not be to execute a decision. Each state has its own laws. California has the Code of Civil Procedure of California (CCP). The application of the law relating to the FMC began in 700.

There are many state and federal laws regarding privacy of the debtor. For example, you can not pass leaflets telling the residents how much money the debtor has.

Among the many laws are the laws of California Rosenthal (PCC 1788 to 1788.30 and 1812.xxx). The federal government, there FDCPA (Fair Debt > Collection Practices Act) laws, and GLB Acts (USC Section 1692, from 6.801 to 6809), and related laws.

Be careful and gentle when you communicate with your debtor. As an example, here is a text that Rosenthal Judgement Enforcers should be sent to borrowers in its first written submission to:

"The state Rosenthal Fair Debt Collection Practices Act and federal Fair Debt> Collection Practices Act requires that, except in exceptional circumstances, collectors may not contact you before 8 am or after 9 pm only disturbing threats of violence or detention, or by using language obscene. "

"Collectors can not use false or misleading statements or by phone at work if they know or have reason to know that you can not receive personal calls at work. For the most part, collectors may not tell another person not thator spouse, about your debt. collection attorney can contact someone to confirm the position or make a decision. For more information on the recovery of the debt, you may contact the Federal Trade Commission at 1-877-FTC-HELP or the FTC website.

Again, be polite, be patient and use common sense will go a long way.

The debtor has assets? This is the most important question. If the debtor has no assets (or can not borrowobtaining goods or as a gift), the verdict can not be performed. Here are some warning signs that you should think twice before rushing to spend time and money to serve his sentence.

1) If the debtor declares bankruptcy, stop everything until we know for certain that you can proceed.

2) Especially if the debtor is old, keep in mind, the security agencies and disability pensions, and social environment can not be attacked.

3) If the debtor has no job or income.

4) If the debtor has notgoods such as cars or home.

5) If the debtor has a lot of other lawsuits against him.

6) If the debtor is a company that has stopped working.

7) If the debtor is in prison or abroad or dead.

Even if the debtor has some of the warning signs listed above, does not always mean you should give. It simply means that you should think twice before trying to collect a debtor now. Trials are good for long. Perhaps the failure of his attempt will not succeed. Maybe youcan do well after an old man.

If the economy improves, perhaps we can go after the debtor later. Enforcer phrase that could be done, if not active, is to wait 6 months and try again.

If you feel that the debtor has or may have some assets to pay, you can bring the debtor and third parties in court to answer questions and provide copies of documents. This is called an order of examination. This can be expensive because it must pay to the court and pay a process serverPersonal service of any person to appear before the court.

The first consideration is usually the debtor. Sometimes only the debtor does not occur. Sometimes the judge does not care, sometimes not. Sometimes the judge will allow you to pay more for an arrest warrant against the debtor. In some counties in the United States, the debtor and the sheriff will take you to jail. In most counties, the sheriff is too busy to enforce civil orders bank.

Even if the debtor has at times "debtor is located. Sometimes, in the case of documents, the debtor says the dog ate my homework. Most of the time referred to in court only if the debtor responds to the questions, their answers are true. The debtor may say that your social security number is 007-00-0000, and most judges will not be part of the borrower to change your answer.

A defense against a debtor apathetic, and in certain situations, you can check if it can show others that probably control or have (somehow) ofdebtor of the property. Maybe you can make the debtor's spouse, parents, children, colleagues, customers and / or owner to appear before the court. That kind of "push" factors (discomfort) may cause the debtor to find the money to pay.

In addition to "pressure" against the debtor by third-party testing, or production of documents, you can learn in the works of debtors, banks, or is maintained a good thing.

The main concept of the execution of judgments is the law does not directlyseize assets of the debtor. You can not take their possessions, but the sheriff may (if you complete the necessary paperwork and pay the taxes.)

If you find a job or a bank account can pay the court for an act (the license to impose / seizure of goods) and then pay the sheriff, and possibly a process server to take (eg) 25 % of their wages, or withdrawal from your bank account. You can only recover what is a must - no more.

If you own property, you may register a lien. In the current economic climate,registration of a link does not mean to be paid. If you have any other activity, such as a car or an expensive TV, you may pay the sheriff to sell at auction.

Have the sheriff seize and sell the property also has some disadvantages: it is expensive, things are not sold for full value at sheriff's auction, the debtor may request a waiver. Properties can be financed or leased, reducing the likelihood that we'll see a penny.

Any action to enforce a decision of money spent, and ifdocumenting what is spent in a form approved by the court. In California, a form MC-12 is used.

Sometimes the mortgage recording, dragging people to court, or make a withdrawal from the debtor's assets may result in an immediate benefit or a discussion of regulation. Sometimes the withdrawal before paying the assessment in full.

Sometimes the debtor has no money. Maybe your relative or friend can help or credit card to pay. Sometimes you just start an enforcement procedure leads to a profit. With shorterprocedures, you may be able to collect the salary of the spouse of a debtor.

The debtor may file for bankruptcy. Sometimes when you try to collect their salaries, there is another withdrawal before yours. Sometimes the debtor does not have anything in your bank account or you can challenge your collection.

Some decisions reinforcements to go fast, some for many years. Offers to settle can occur at any time. This is only a summary of enforcement issues. Your local court, and in particular to small claims court, whichinformation and possibly workshops. There are many books and web sites for more information.