Page 110 - Judgment Enforce Course2020

Judgment Enforcement – The Step-by-Step Course

My first thought is, “Why is he moving so much in the last year?” Maybe the place was

sold. Maybe he was evicted. But I didn’t see any evictions on the database. Maybe he got
divorced? But no, his wife is still with him at the new residence. (Which is important,
because if he’s divorced now, he may have spousal and child support demands, which will
work against us for enforcement.)
Now, if I’m in a community property state—Arizona, California, Idaho, Louisiana,
Nevada, New Mexico, Texas, Washington and Wisconsin—I’ll check out his wife next,
using the same criteria.

But what’s of interest to me is the 4K a month rent. People most often
spend about 30% of their income on rent. (Millennials average 45%). If
30% is the case here, then he’s making $12K a month, $144K a year.

And that’s before any income his wife may have.
I would next call “Auto Safe” in his area and say, “Hi, this is Peter
Gilboy. I’m returning Ted Rivers’ call.” They may say, “Who?” Or, “He’s in the field.”

Or, “He doesn’t work here anymore.” If I learn where he’s working, I now can possibly
garnish wages.

✓ My guess: He’s a better debtor. He has the income to pay $4K a month in rent, and
he has work skills.

My possible avenues of enforcement I see at this point are:

✓ have a bank search done and garnish his bank account,
✓ or do a wage garnishment.

If he’s a good guy, and after I begin garnishing he contacts me to work out arrangements,
then maybe I’ll accept payments over time. Maybe not. People lie. I’ve fallen for it more
than once. I think I’ll contact the creditor again and see if he knows anything more about
the character of the person.

Sample Case #2

Through your investigations, you turn up a case with the following fact pattern:

1. Case name: RCB Auto Restoration Inc v. Sam and Sarah Jenkins
2. Date of judgment: March 9, 2018
3. “Cause of Action” (Reason for judgment): Failure to pay for restored 1967
Camaro that RCB did for them.
4. Amount: $49,561

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