Where’s My Money?Eye Spy Blog 1
Where’s My Money? When you loan people money, sometimes they don’t always repay. The debtor has broken a promise to you, and you should not feel bad about asking to be paid money you are owed.
Whatever the reason for the original loan, when someone who owes you money is not paying, there is always something you can do. Sometimes they just need a simple reminder, but being prepared to escalate your requests effectively can make it more likely you collect with less hassle.
How to collect money from people that owe you.
Where’s My Money? Taking Legal Action:
File a lawsuit in small claims court. Check your state’s statutes or state court’s website to determine if you can file a claim. Dollar limits can range from $2,500 to $25,000, depending on the state. You can locate your state court’s website and statues by following the correct link from the National Center for State Courts’
If you do go to court, prepare for your hearing. If you have a contract, promissory note, or any other documentary evidence of the debt, make enough copies that you can provide the Judge and the debtor, or his or her attorney, with a copy. You should also make copies of any other evidence you wish to submit in the same manner.
This can be a drastic step. Make sure the amount owed is worth the hassle of appearing in court. If the debtor is a friend or relative, this can definitely have a negative impact on that relationship.
File a lawsuit. If you fail in small claims court, or are not allowed to file claim there, go to the state court. Consult or hire an attorney, file the proper forms, and prepare for your court date with as much necessary paperwork as you can gather.
This option is generally more expensive, considering court and attorney fees, but if you are successful, it may be worth it more than using a collection agency.
The threat of a suit may be enough to bring someone to pay, but you should not make such a threat unless you intend to follow through.
File a Petition for Citation. Once you have obtained a judgment against a debtor, you may file a Petition for Citation, for contempt of court, if they still fail to pay it. Filing a Petition for Citation along with a Notice of Hearing will cause the court to set a hearing, forcing the debtor to return to court and explain why they have not paid the debt.
At the hearing, you should ask the court for permission to garnish the debtor’s wages.
Where’s My Money? Collecting payment:
Collect your money. After some process of inquiring, demanding, and suing for your debt, the debtor will be forced to pay. Sometimes it will be as simple as asking. In other cases, you may need to take additional court-ordered steps, perhaps a Writ of Execution, or a Lien, in order to receive proper payment.
If the case has gone to court, and you have employed the services of an attorney for that purpose, you should consult with them on the best course of action.
Locate the debtor’s employer. Once you have received the permission of the court to garnish the debtor’s wages it will be up to you to determine where the debtor is employed. The easiest way to do this is ask the debtor. If he or she is unwilling to tell you, you may need to send a set of interrogatories, which are questions that must be answered in writing and under oath. Check your state court’s website for interrogatory forms.
Send interrogatories to the debtor’s employer. Once you believe you have found the debtor’s current employer, you will need to send interrogatories to the employer for confirmation that the debtor is employed and his or her wages are not already being garnished up to the limit.
Ask for a garnishment order. Upon receiving confirmation that the debtor is employed, you can ask the Court for an order of garnishment, which will be sent to the employer to begin garnishing the debtor’s wages.
Individual states have different laws on wage garnishment, so make sure you are clear on the laws where you reside.
You have probably spent countless hours searching the Web. Maybe you spent some money using one of the many online databases, reached out to everyone you know and have searched Facebook until you turned blue in the face.
You may have even used some of our tips in How to Find Someone on the Internet.
But you are stuck. Every lead you have found has ended up a dead end.
So now you are considering getting some professional help and may just want to hire a private investigator.
How Eye Spy can help:
- We can locate the debtor’s place of employment
- We can obtain their social security number, once you have obtained a judgment.
- Obtain the debtor’s current address.
- Locate hidden assets.
- Conduct a Bank account search.
- Prove their income.
- Locate the debtor’s storage unit
- Uncover Bankruptcy fraud.
- Locate their family and friends.
- Serve papers to the Debtor.
There are many, many ways that the Michigan Private Investigator’s can help you. Call us at 888-393-7799 for a free consultation, or visit us at www.EyeSpyInvestigations.com
All cases are confidential.