What is the best way to collect a debt after a default judgment?

My financial guy tried to sue a company he had invested with because they took his invested (including my money) and skipped town. We were granted a default judgment after the defendants couldn’t be located to be served. Since that time, I have found the owners of the company and they are living in my city. I told my financial guy and he said it wouldn’t do any good b/c the default judgment was granted by a judge. I don’t understand. If the individuals don’t even know they’re being sued or that they have a default judgement against them, how will I ever get my money back? What’s the best way to collect the debt? In my state we can’t garnish wages for this type of debt.

Asked on September 19, 2012 under Bankruptcy Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The best way to try and collect upon the debt that you have written about is to consult with an attorney that practices debt collection law to assist you. Ordinarily one who has a judgment against a person has a abstract of judgment created and issued by the court clerk. It is then recorded in the county and state where the judgment debtor resides (county recorder's office).

From there the judgtment creditor then attempts to levy on the judgment debtor's bank accounts usually after an order of examination is done on the judgment debtor where questions as to his or her assets are located.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.