[mtryan]

We won a judgment against a flooring company. They have not paid. Tomorrow (7/31) is our court date... we filed a citation to discover assets. Does anyone have any advice or know specific questions to ask so we can get our money?
Thanks so much.

[George_1950]

Is your judgement against a company (a corporation) or the individuals who own it? Bank account number(s), vehicle records, and a list of all assets. Some counties have an inventory of personal property in the tax assessor's office; also, you need to know whether the defendant owns real estate.

[mtryan]

H George,
Thanks for your response. We always put 'Flooring Warehouse' on the forms so I guess the corporation itself. It's 2 brothers who own it.
Thanks

[George_1950]

You need to know the 'business entity' of the defendant. If it is a corporation, you will be attempting to access corporate assets. If it is a partnership or proprietorship, you can access the individual owners' assets. Find out whether the defendant is a partnership or proprietorship operating under a trade name (which is not a corporation, by the way). Corporate names are generally recorded in a state government office for that purpose in each state.

[mtryan]

Thanks so much, George!! I'm going to look into this... I'm almost positive it's a partnership and not a corporation. Thanks again.

[George_1950]

If it is a partnership, it is my understanding that individual assets are given no protection from creditor claims, whether business or personal.

[Fr_Chuck]

First don't guess that should be the first question, actually you should have found it out when you started to sue. If it is a partnership you want to know all of their business and private accounts,