I’ve written a few articles on dumpster diving before, and since then, a few trial experts have given me feedback. One of her stories was so interesting that I got her permission to include her experience in this article.
My articles are my opinions and not legal advice. I am a trial broker, and I am not a lawyer. If you ever need legal advice or a strategy to use, contact an attorney.
The sentencing recovery expert had hit a snag in his post-sentencing investigations. They had a particularly cunning and experienced court debtor who hid his assets well. The judgment executor had amassed quite a bit of information about his judgment debtor, however, he had no clues about his available assets. This is the story of their first trash digging experience, also known as a dumpster dive.
The judgment debtor lived in a house that he could be renting for cash, about ten miles from the judgment executor’s office. The judgment executor first used Google Maps, then took a tour to see what he could find out by making a quick visit to the judgment debtor’s home.
The judgment executor then Googled “city name garbage collection” and found the local garbage/recycling company where the judgment debtor lived. The garbage company’s website did not show the scheduled days and areas where garbage was collected. So, he called the garbage company and said that he would be moving to his town soon and that he wanted to get some information.
The judgment executor told the garbage clerk the street and block where the judgment debtor lived, as the place he would soon be moving to. He then asked them what day, or day of the week, their trash cans would have to be out on the street for pickup. He got the answer from him (Wednesday morning) and thanked them and said goodbye.
The following Wednesday morning, around 4:30 am, the executor of sentences and his friend began their adventure. The judgment executor’s friend drove a small van to the judgment debtor’s home. As planned, the garbage and recycling bins were in front of his house, on the edge of the street.
They stopped by the garbage cans and stopped. His plan was to let the engine idle, and the executor would quickly grab the trash bags into the judgment debtor’s trash cans. The reality was that while there were some carefully tied garbage bags, most of the garbage was loose, wet, sticky and smelly. So much for a quick and easy dumpster dive.
The executor of the trial had brought gloves with them, however, they did not bring any other equipment, not even spare plastic bags. The enforcer moved the few sticky bags there were to the back of the truck. He then he picked up the entire trash can and emptied all the trash into the back of the truck and got a grease stain on his pants.
Next to the trash can was a separate recycling bin, filled mostly with junk mail. The trial executor quickly tossed the papers into the back of his truck; just as a light went on in a neighbor’s house, and a dog began to bark. The enforcer’s pulse racing, he jumped back into the truck and they drove away, just as they thought they heard a man yelling at them. They didn’t wait to hear what the scream was about. Fortunately, they were gone long before anyone could see his license plate.
As they got closer to the freeway, they noticed some of the papers from the recycling bin flying out of the back of their truck, so they decided to take the back roads home at a slower speed. They resolved to be much better prepared next time or never do this again. When they got home, they spread their “earnings” on a plastic tarp and waited for daylight.
Wearing flip-flops and gloves, they went through the judgment debtor’s trash. As expected, almost all of their trash was just junk, and all of the judgment debtor’s recycling was junk. However, they did find a gift inside the trash because they found a partially torn bank statement and a voided check that was half torn.
That provided enough information to later do a successful bank garnishment, which paid the entire judgment. So even though that stain never came off his pants, and it was scary, messy, and time-consuming (especially for cleanup), the reward of the trial made it worth doing the dumpster dive.