In most states, a court creditor can pay the local bailiff to attempt to collect the judgment debtor’s salary to help satisfy a judgment. Usually the hard part is figuring out where the judgment debtor works. Trying to find out where your debtor works is called a place of employment search, sometimes abbreviated as POE.
This article is my opinion and not legal advice. I am a trial referral expert and I am not a lawyer. If you ever need legal advice or a strategy to use, contact an attorney.
Wage liens are not guaranteed, due to reasons that include that the debtor may apply for bankruptcy protection, or there could be another creditor with a prior wage lien already in place; which means yours will not be attached and the money you spent will go to waste.
In order for a bailiff to attempt to collect part of the debtor’s salary from his judgment, he must first purchase a court order of execution. Depending on where you live, you must hire a registered process server, the bailiff, or both; to serve a lien on the debtor’s employer of your judgment. The procedure for a collection attempt will require even more paperwork. Here are some of the ways one can find out where a judgment debtor works or earns income in some other way:
1) Outsource your judgment and let an expert try to get your judgment back, so you don’t have to spend any more money or time.
2) Visit social media websites like Facebook, Google (both for searching and your social media), LinkedIn, etc., to look for clues as to where your debtor works or how he earns income. Some people brag on those sites about where they work or their other income or assets.
3) Schedule and have complied with a judgment of debtor. In such examination, the documents may be cited by the debtor or, sometimes, even by third parties, for example, your bank; to know where the debtor works, or his self-employment situation, or his other assets or income.
4) Pay a private investigator to try to find out where the debtor works. This is usually not cheap, however a PI report can provide other clues about your debtor’s other assets.
5) In the morning (usually early), follow your debtor with his vehicle to try to determine if he is driving to work, being careful not to be noticed. This may take more than one attempt.
6) Find an online job and / or asset search company. However, most of the best companies require subscriptions and may not offer services to individuals with only one trial.
7) Politely ask your judgment debtor’s friends or neighbors, not to mention judgments or debts. If you know where the debtor worked before, sometimes your previous employer will know where the debtor is working now.
In today’s and future economy, conventional jobs are shrinking. More and more people will have to invent their own jobs or find some other way to earn money, or live on less money. Many default debtors have no assets available, making recovery from default a remote possibility.