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    thesantini's Avatar
    thesantini Posts: 2, Reputation: 1
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    #1

    Jun 15, 2008, 11:47 AM
    Awarded default judgement, defendant does not respond
    I received a default judgement because the defendant did not appear at court on Jan 30, 2008. I've filed the paper works, sent certified mail to have it returned to me and the courts.

    I have the feeling, she's seeing the notices and not accepting the letters. By digging on the internet I've learned I can possibly locate her new address by sending a letter to her ""REQUEST FORWARDING ADDRESS. DO NOT FORWARD." If this provides me her new address I'll be in better shape and have new options for serving her previous motions from the court directly.



    Are the Private Process Server or Sheriff or Constable more effective ways of serving her if the defendant appears to be returning certified mail? I've included definitions for those who require them below.

    Also, if anyone is more familiar with this process, is there a motion I can file with the court granting me to go to the defendant's cellular company to seek her address? If I locate her address, would I be able to use this information to garnish her bank account? Given an uncooperative defendant is the burden on me to hunt down her assets and directly contact banking institutions?



    Private Process Server
    The private process server must sign a document, called the “Affidavit of Service,” stating that the papers were served on the defendant and send it to the court. Make sure that your private process service understands their obligation to notify the court that your summons has been served on each defendant.

    Sheriff or Constable
    If you decided to have the defendant served by a sheriff or constable you will receive notification that the defendant has been served. If the sheriff or constable was unable to serve the defendant after several attempts, you can get the Summons back from the court to try to serve it some other way. You may need to renew the Summons at this point if it has expired.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 15, 2008, 02:39 PM
    And after you serve them, they ignore any service given,?

    Sheriff and constable are normally pretty good at doing service.
    The private process servers are real good, they may dress like pizza delivery, use sexy girls for serving some of the men. But then check what is considered legal service for your state, for example, posting it on the door of their home is often good enough in most states I have worked for a lot of civil service, and so on.

    A professional search company, using their computers will find their bank accounts often ( or at least possible banks) But I worked for a man here in GA, who could sit at his computer and find out though varoius records where a person should be living and more.
    Also did they ever pay you anything, did you not keep a copy of checks for records ?

    In some places people have mailed them a letter ( from some friends busienss) for 5 to 10 dollars and let them cash it, see if they deposit it in their bank account.
    thesantini's Avatar
    thesantini Posts: 2, Reputation: 1
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    #3

    Jun 15, 2008, 03:01 PM
    Just to clarify.

    I am attempting to collect judgement. I have thus far completed 2 parts as stated in my small claims document by Montgomery County Small Claims court.

    Filed Interragotories in Aid of Execution & Motion Compelling Answers to Interrogatories in Aid of Execution form DC/CV30). I sent the first letter by certified mail and it was returned because she either did not accept or moved the later unlikely since it would be forwarded along.

    I have collected $0 of ~$4,000 from her.
    Jack McGuinn's Avatar
    Jack McGuinn Posts: 5, Reputation: 0
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    #4

    Aug 9, 2008, 05:53 PM
    Your decision now is not a legal issue any more. That defendant is not going to cooperate and will likely run from place to place. You must decide what to spend and if they have any thing of value you can lien against. Paper and Judgments can not enforce things if people are determined to wiggle.

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