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Nico123 · Jan 17, 2009, 05:19 PM

Hi,

Can someone tell me how to collect on a judgement if the only information I have on the debtor is their name and possible a phone number? The B.C small claims court will not help or give me any information about the debtor. Can a collection agency help?

Fr_Chuck · Jan 17, 2009, 05:54 PM

They may, remember most small claims judgements never get paid, it is easy and one thing to get a judgement, something completely different to ever get your money.

JudyKayTee · Jan 17, 2009, 06:00 PM

Originally Posted by Nico123

Hi,

Can someone tell me how to collect on a judgement if the only information I have on the debtor is their name and possible a phone number? The B.C small claims court will not help or give me any information about the debtor. Can a collection agency help?

How did you serve the person with papers - or how did the Court serve the papers - without an address?

Justice Matters · Jan 17, 2009, 08:00 PM

A collection agency may or may not be able to help. Some of them have effective means to locate debtors and some do not. In any event a collection agency will likely want a significant commission IF they are able to collect your debt.

Another option is to employ the services of a skip tracer or private investigator to locate either the debtor and/or his/her income or assets.

While it is not the court's function to seek out information on debtors you may want to check with the court to see if anyone else has sued your particular debtor before hiring a skip tracer or investigator. If there are other lawsuits with the court then you should be able to view the court file(s) for a nominal fee and check to see if there is any helpful information in said file(s).

If you are able to locate either the debtor and/or his/her income or assets then there are a variety of enforcement options available to you.

Keep in mind that when it comes to civil litigation a judgment is often only as good as the financial well-being of the debtor. If your judgment is against a person who rents, constantly moves, and goes from one minimum wage job to the next you may find it extremely difficult to enforce your judgment.

Nico123 · Jan 19, 2009, 06:27 PM

Originally Posted by JudyKayTee

How did you serve the person with papers - or how did the Court serve the papers - without an address?

He moved and didn't tell the court his new address. The judgement was mailed and returned to sender.

Nico123 · Jan 19, 2009, 06:31 PM

Originally Posted by Justice Matters

A collection agency may or may not be able to help. Some of them have effective means to locate debtors and some do not. In any event a collection agency will likely want a significant commission IF they are able to collect your debt.

Another option is to employ the services of a skip tracer or private investigator to locate either the debtor and/or his/her income or assets.

While it is not the court's function to seek out information on debtors you may want to check with the court to see if anyone else has sued your particular debtor before hiring a skip tracer or investigator. If there are other lawsuits with the court then you should be able to view the court file(s) for a nominal fee and check to see if there is any helpful information in said file(s).

If you are able to locate either the debtor and/or his/her income or assets then there are a variety of enforcement options available to you.

Keep in mind that when it comes to civil litigation a judgment is often only as good as the financial well-being of the debtor. If your judgment is against a person who rents, constantly moves, and goes from one minimum wage job to the next you may find it extremely difficult to enforce your judgment.

Thanks for your reply! How can I check if anyone else is sueing the guy?

JudyKayTee · Jan 19, 2009, 07:16 PM

Originally Posted by Nico123

Thanks for your reply! How can I check if anyone else is sueing the guy?

Go to the Court and run his name. All other cases will be listed.

In the meantime - without an address, how did you serve him?

this8384 · Jan 20, 2009, 08:31 AM

Originally Posted by JudyKayTee

In the meantime - without an address, how did you serve him?

From what I read, the OP filed & had the defendant served at his old address. During the waiting period between filing and the trial, the defendant moved. OP was granted a judgment but can't find the defendant now because they never reported their new address.