Page 111 - Judgment Enforce Course

Judgment Enforcement – The Step-by-Step Course

5. Default judgment?: No (Defendant showed up to defend and lost.)

6. Not a consumer judgment

Back at the office, you run your Lexis, TLO (etc.) database and learn:

✓ Sam and Sarah are in their mid-60’s
✓ They filed bankruptcy in 2012 during the recession

✓ they have lived in the same home for 12 years

✓ they are renting
✓ their approximate rent is $1700 a month

✓ they are married
✓ he is driving a 2009 F-150 truck. Sarah has a 2017 Kia hatchback

✓ he used to own a nursery, Green Grove Nursery, that is still in business

✓ tax lien against him $65.
✓ judgment against Sarah for $350

✓ They have no criminal records. He has 6 speeding events and one DUI
✓ He maybe be a graduate of NYU. Not sure about her.

Again, if I’m in a community property state, I’ll check them both out fully, not just the
presumed breadwinner.

My first concern is their age. Are they retired now? Living on social security? Or after
selling the business did he start another that I don’t know about, or is working elsewhere?
How much did he get for the business? Where is the money he received for the business; or
has he financed the sale himself, and is getting monthly payments, maybe even a % of the
profits?

My take: This is very possibly a better debtor, and the case is worth looking at further. If I
had found this on my databases, then I’d contact the owner of RCB Auto Restoration, tell

them what I do, ask them if the judgment has been paid, can I help, and what else he
knows about she knows about the judgment debtors.
The possible avenues of enforcement I see at this point are:

✓ bank garnishment

✓ wage garnishment (if either of them has a new job)

✓ assignment order – where the court orders someone who owes him money to pay
me instead. (I’ll come to that later.) In this case, if Sam and Sarah are being paid

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