Tuesday, January 3, 2023

Collecting on Judgments" Freezing the bank accounts






This is one of the four avenues of Post-Judgment procedures to collect on awarded judgments..

I have collected 96 satisfied judgments and 11 have been a Bank Levy.. One of the my cases had two defendants so I filed a Wage Garnishment on one and a Bank Levy on the other. I received a check from the bank for $1,800 and  weekly checks from the employer for $110. The judgment was paid up in 90 days. 

We are naming a banking institution that the defendant has an account. All accounts are frozen until a decision is made in the Citation Court by the Judge for reimbursement.  

HOW DO WE FIND THE DEBTORS ACCOUNTS?

You will always keep your rental application updated every year with current bank accounts. If that fails to supply the bank, we can file a Debtors Examination to subpoena current bank statements. The Debtors Examination is the trapeze net for collecting on judgments because we can subpoena documents or accept a monthly payment.
After the decision in Forcible Detainer or Small Claims Court, we take the Order to the Clerk’s office to obtain a “Bank Levy”.

The Clerk will give us (2) forms to fill out.  

Notice

Bank Levy (Non-Wage Garnishment} 

The Clerk will issue a court date and he/she will staple the Notice, and Bank Levy together to take to the process server to serve the banking institution. 

We will send a copy of the Notice to the debtor after the bank is served. Naturally, we don't want them cleaning out the account before the bank is served.

The bank will respond to us, answering the Interrogatories through the mail before the court date. All decisions will be made out on the Order form. 

On the day of court, we bring “Proof of Service” from the licensed process server and the  Interrogatories from the bank. The Judge will view the Bank Interrogatories thus releasing all or partial funds towards the outstanding judgment.  

We send a copy of the Order to the banking institution via certified mail, which instructs them to mail the funds directly to the plaintiff.  

 




1)  Funds Available 
Proceed to the podium, the Judge will ask for the “Proof of Service” and the "Interrogatories”. The Judge will grant you the funds that are available.  Judgment satisfied! 

2)  No Funds Available 
At the podium, the Judge will ask for “Proof of Service” and the "Interrogatories”. If there are no funds available, the Judge will dismiss the Bank Levy. Then we will file one of the other 3 avenues of Post Judgment Proceedings. 

3) Funds Available-Not Enough to Satisfy the Judgment 
At the podium, the Judge will grant the amounts that are in the accounts.  We can start the process again, filing another Bank Levy for the remaining balance or obtain a Debtors Examination for the remaining balance. 










NOW ON AMAZON

Written by a landlord for the landlords in language they can understand. 
Cynthia has collected over $300,000 in awarded judgments and knows how to get the money. 
Awarded a judgment and want your money? 
Are you buying judgments and want to collect? 
Learn the four post-judgment procedures to collect. 
70% of all judgments can be collected with proper training. 
Forms and procedures to start collecting. 
Just added 20 pages (Courtroom Anxiety, Serving the Court Documents, Contempt of Court and Judgment Debtor files Bankruptcy. 
155 pages of needed education on collecting on judgments.
BONUS: Being Assigned Judgments to Collect
I have collected over $300,000 in judgments and I can show you the procedures!




Gary and Cynthia Schmidt have been landlords for over 30 years with over 500 tenants. The Schmidt’s couldn’t take when the tenants lived in the rentals and didn’t pay the rent. After a couple evictions, Cynthia dove into the Post-Judgment Proceedings to collect. Cynthia represented herself in court  since 1997 and has collected $300,000 in judgments in 96 satisfied judgments.

















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