Page 164 - Judgment Enforce Course_Neat

Judgment Enforcement – The Step-by-Step Course

Different states and different counties have different responses to the debtor not

appearing. You’ll need to learn the response from your court. In my county in San Diego,
the judge will immediately hold the debtor in contempt of court, and issue what is called a
warrant of attachment. I will pay another $100 (ugh!) to have the debtor re-served, this
time by a sheriff. If the debtor fails to appear a second time, a warrant of arrest is issued
at no cost to me, and the sheriff will literally go out and arrest the guy. No messing around.
It’s serious stuff. I’ve had 3 debtors arrested. One spent four days in jail and was brought
into court in an orange suit and shackles. For some reason I now had his attention.

Local courts sometimes have their own rules. In some states and counties, the warrant
may simply sit until the JD gets stopped for a traffic violation, or something else.

My point here is that the Judgment Debtor Examination is an opportunity to create
uncertainty and even fear in the dishonest debtor. Again, FUD = fear, uncertainty & doubt.
It is also an opportunity to gather more information from the debtor directly. It is a
nuisance and embarrassing for the debtor to have to show up in court with a

pile of documents, and then maybe have to return again with even more
documents. It may be a nuisance for you too, but you’re going to get paid.

Okay, so what happens at a JDX?

The state laws that I’m familiar with are fairly consistent in allowing you to ask any
question that may tend to lead to the discovery of assets. You may ask for the debtor’s
social security number, bank account locations and balances, work address, other sources
of income, computers, TV’s and autos owned. You may also ask about bank accounts that
have been closed, spouse’s income, spouse’s bank accounts, trusts, and much more.

At the JDX the judge will:
✓ Take role and then note who is and isn’t there.

✓ Sweat in all the JD’s who are present

✓ Warn the JD’s that they are to tell the truth or be held in contempt
✓ Instruction the JD’s as to what are permissible questions

✓ Tell you and the JD that if you have any questions about what might be a
permissible question, then to come back into court and ask the judge.

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