In most states, a judgment creditor can pay the local bailiff to try to collect the judgment debtor’s wages to help enforce a judgment. Usually the hard part is finding out where the judgment debtor works. Trying to find out where your debtor works is called a job search, sometimes shortened to POE.
This article is my opinion, and not legal advice. I am an expert in judgment remission and I am not a lawyer. If you ever need legal advice or a strategy to use, contact an attorney.
Wage liens are not guaranteed, for reasons including that the debtor may file for bankruptcy, or there could be another creditor with a prior wage lien already in place; which means his will not be attached and the money he spent will be wasted.
In order for a bailiff to attempt to garnish part of a judgment debtor’s wages, he or she must first purchase a writ of execution from the court. Depending on where he lives, he must hire a registered process server, the bailiff, or both; to serve a lien on the judgment debtor’s employer. The procedure for an attempted garnishment will require even more paperwork. Here are some of the ways one can find out where a judgment debtor works, or otherwise earns income:
1) Outsource your trial and let an expert try to get your trial back, so you don’t have to spend any more money or time.
2) Visit social networking websites such as Facebook, Google (both for search and for their social networks), LinkedIn, etc., to look for clues about where your debtor works or how they generate income. Some people brag on such sites about where they work, or about their other income or assets.
3) Schedule and have notified, an examination of the judgment debtor. In said examination, documents of the debtor or, sometimes, even of third parties, for example, his bank, can be cited; to discover where the debtor works, or his self-employment status, or his other assets or income.
4) Pay a private investigator to try to find out where the debtor works. This is usually not cheap, however an IP report can provide other clues about your debtor’s other assets.
5) In the morning (usually early), follow your debtor with his vehicle to try to determine if he drives to work, being careful not to be noticed. This may require more than one attempt.
6) Find an online job and/or asset search company. However, most of the best companies require subscriptions and may not offer services to people who own only one trial.
7) Politely ask the debtor’s friends or neighbors about their judgment, without mentioning judgments or debts. If you know where the debtor worked before, sometimes your previous employer will know where the debtor works now.
In the current and future economy, conventional jobs are shrinking. More and more people will have to invent their own jobs or find some other way to earn money, or live on less money. Many default debtors have no assets available, making recovery from failure a long shot.