Writ of Execution in California: The Key Tool for Enforcing a Judgment

Writ of Execution in California: The Key Tool for Enforcing a Judgment

Winning a judgment is only the first step. A judgment does not collect itself. If the judgment debtor does not voluntarily pay, the creditor must use California’s enforcement procedures to recover the money that the court has awarded. Enforcing a judgment usually begins with with obtaining a writ of execution.

The central document that makes nearly all enforcement procedures possible is the writ of execution.

A writ of execution is the court order that authorizes a sheriff or levying officer to enforce a judgment by seizing property or funds belonging to the debtor. Without a writ of execution, the sheriff has no authority to levy assets, garnish wages, or carry out other collection procedures.

In practice, most enforcement actions in California begin with a writ of execution. Procedures such as bank levies, wage garnishments, and real property levies all depend on obtaining a properly issued writ.

Understanding how writs work is essential for anyone attempting to collect a judgment.

What Is a Writ of Execution?

A writ of execution is a court-issued order directing a levying officer to enforce a money judgment. The authority for issuing writs of execution comes from California’s Enforcement of Judgments Law, including Code of Civil Procedure section 699.510.

Once issued, the writ gives the sheriff or other levying officer legal authority to take enforcement action against the debtor’s property. This may include seizing funds from a bank account, garnishing wages, or levying personal or real property.

The writ itself does not seize assets. Instead, it authorizes the levying officer to carry out enforcement procedures that are specifically allowed under California law.

Because of this, the writ of execution is the foundation for most judgment enforcement activity.

How to Obtain a Writ of Execution

After a judgment has been entered, a judgment creditor may request issuance of a writ of execution from the court that entered the judgment.

The request is made using Judicial Council form EJ-130. The creditor must identify the judgment being enforced and specify the county where enforcement will occur. When requesting a writ of execution, a judgment creditor may want to include additional amounts that have accrued after the judgment was entered, such as enforcement costs and interest.

Under California law, post-judgment costs must first be claimed through a Memorandum of Costs After Judgment MC-012 before they can be included in the writ.

The creditor must prepare and file the memorandum of costs with the court and serve it on the judgment debtor. If the debtor does not move to tax those costs, the amounts become enforceable after 10 days and may then be included in the writ of execution.

Interest on the judgment continues to accrue by operation of law, but when requesting a writ that includes post-judgment costs and interest, the creditor must ensure that the amounts claimed are properly calculated and supported.

Because enforcement costs can accumulate over time, filing a memorandum of costs is often necessary before requesting a new writ of execution that reflects the full amount owed.

Once the court issues the writ, it can be delivered to the sheriff or levying officer in the county where enforcement will take place.

Because enforcement actions must generally occur in the county where the debtor’s property is located, creditors often obtain writs authorizing enforcement in different counties when assets may be located in more than one place.

The County Where the Writ Is Issued Matters

One of the most common mistakes judgment creditors make is obtaining a writ of execution that does not authorize enforcement in the correct county.

Although the writ is issued by the court that entered the judgment, enforcement procedures are carried out by county sheriffs or levying officers. As a result, the writ must authorize enforcement in the county where the levy will occur.

Different enforcement procedures involve slightly different rules.

For example, when pursuing a bank levy, the writ must authorize enforcement in a county where the financial institution can be served. In practice, this often means serving the bank’s centralized levy processing location or serving a branch located in a county where the bank maintains an office.

When seeking wage garnishment, the writ must authorize enforcement in a county where the employer can be served. Service is typically made on the employer’s registered agent for service of process or at the employer’s principal place of business.

Real property levies involve an additional requirement. If a creditor intends to levy on real estate, the writ of execution must authorize enforcement in the county where the property is located. The sheriff in that county conducts the levy and any subsequent sale procedures.

Because each enforcement tool depends on the correct county and proper service, choosing the right county when obtaining a writ of execution is a critical part of the enforcement process.

What a Writ of Execution Allows a Creditor to Do

A writ of execution provides the legal authority needed to pursue several different types of enforcement procedures.

With a writ of execution, a judgment creditor can direct the sheriff to carry out a bank levy. A bank levy allows the levying officer to seize funds held in a debtor’s bank account and apply those funds toward the judgment.

A writ of execution is also required to initiate wage garnishment. Wage garnishment requires the debtor’s employer to withhold a portion of wages and send those funds to the levying officer until the judgment has been satisfied.

In some situations, the writ may also be used to seize personal property or business assets owned by the debtor.

The writ is also necessary for pursuing a real property levy, which allows a sheriff to seize and sell the debtor’s interest in real estate under the procedures set out in California’s enforcement statutes.

Because so many enforcement tools depend on it, the writ of execution often serves as the starting point for a broader collection strategy.

Can You Obtain More Than One Writ of Execution?

Yes. Judgment creditors frequently obtain multiple writs of execution at the same time.

This commonly occurs when a debtor may have assets located in several different counties. A creditor may obtain separate writs authorizing enforcement in each county where assets may be located.

Issuing multiple writs allows creditors to pursue different enforcement avenues at the same time. For example, a creditor might pursue a bank levy while also initiating wage garnishment against the debtor’s employer.

Using several enforcement tools simultaneously can significantly increase the chances of collecting the judgment.

How Long a Writ of Execution Lasts

A writ of execution does not remain valid indefinitely.

In most cases, a writ of execution issued in California is valid for 180 days from the date it is issued. If enforcement has not been completed during that period, the creditor may request issuance of a new writ.

Because writs expire after six months, creditors often renew writs periodically while continuing enforcement efforts.

The Writ of Execution Is Only One Part of Judgment Enforcement

Although the writ of execution is a critical enforcement document, it is only one piece of the overall collection process.

Successful judgment enforcement often involves combining several different tools, including bank levies, wage garnishments, real property levies, abstracts of judgment, and judgment debtor examinations.

Each enforcement method serves a different purpose. Choosing the right combination of tools—and applying them strategically—can make the difference between an unpaid judgment and a successful recovery.

Enforcing a Judgment in California

California provides judgment creditors with powerful enforcement tools, but those procedures are technical and must be carried out carefully. Errors in obtaining a writ, selecting the proper county, or serving the correct party can delay enforcement or cause a levy to fail.

If you have obtained a judgment and are trying to collect it, understanding how writs of execution work is an important first step toward recovering what you are owed.

Commercial Debt Collection in California: A Legal Guide for Business Owners

Commercial debt collection in California requires strategic planning, legal expertise, and a clear understanding of state regulations. If your business is dealing with unpaid invoices, defaulted contracts, or overdue commercial accounts, it’s critical to know your rights and available remedies. This guide from The Grundon Law Firm outlines how to collect business debt in California while remaining compliant with evolving legal standards.

Understanding Commercial vs. Consumer Debt

Consumer debt includes personal, family, or household obligations, while commercial debt arises from business-to-business transactions. Consumer collections are regulated by the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (RFDCPA). Commercial collections, by contrast, typically rely on contract law, guaranty enforcement, and the California Commercial Code.

If litigation becomes necessary, creditors can pursue a breach of contract claim and obtain a judgment against the debtor. Once a judgment is entered, the focus shifts to enforcement tools such as bank levies, wage garnishments, and assignment orders that allow creditors to recover funds directly from the debtor’s assets or income streams.

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The Rosenthal Act’s Commercial Debt Expansion Begins July 2025

Historically, California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) only applied to consumer debts—those incurred for personal, family, or household purposes. However, effective July 1, 2025, the RFDCPA will expand its protections to include certain types of small business debt under Senate Bill 1286.

This expansion applies to “covered commercial debts” valued at $500,000 or less, including loans, lines of credit, and vendor accounts tied to individuals such as sole proprietors, independent contractors, or personal guarantors. These debts will be subject to many of the same rules and restrictions governing consumer debt, including prohibitions on harassment, misrepresentation, and improper contact with third parties.

Importantly, the law only applies to debts that are originated, renewed, assigned, or sold on or after July 1, 2025. Businesses and lenders must begin reviewing their internal policies and collection procedures now to ensure compliance when the new rules take effect.

At The Grundon Law Firm, we help our clients prepare for the Rosenthal expansion with updated collection strategies and practical legal support tailored to California’s evolving regulatory landscape.

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Common Sources of Commercial Debt

Commercial debt may include unpaid invoices, defaulted service agreements, breach of contract claims, overdue credit lines, and personal guarantor defaults.

In many commercial disputes, the personal guaranty becomes a critical tool because it allows creditors to pursue the individual behind the business entity. When structured properly, a guaranty can dramatically increase the chances of recovering the debt.

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A Plan For Managing Past Due Accounts

Step 1: Strengthen Internal Credit and Collection Policies

Preventing delinquency starts with a proactive credit strategy. Always require a written credit application that clearly identifies the responsible party. Is your customer an LLC, a corporation, or simply doing business under a fictitious name? Confirm the legal entity before extending credit.

Perform credit checks and request trade references. Consider requiring personal guarantees, especially if the business is new or has limited assets. Spell out payment terms, late fees, and recovery of attorney’s fees in writing.

Document everything. Maintain signed contracts, emails, and payment records in an organized file. If litigation becomes necessary, a well-documented file can make the difference between winning and losing.

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Step 2: Act Early and Consistently

Delinquent accounts rarely improve with time. Review aging reports weekly and flag anything more than 15 days overdue. Send a polite reminder first, then escalate if payment is not received.

Every business should maintain a written collections protocol. While the timeline may vary depending on the industry, consistency is key.

For example:

Day 15 — Friendly email reminder
Day 30 — Second notice with late fee
Day 45 — Phone call or mailed letter
Day 60 — Final notice
Day 75–90 — Referral to outside counsel

The longer you wait, the more leverage the debtor gains. Consider setting internal policy thresholds for when services will stop or when legal action will begin.

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Step 3: Know the Legal Framework in California

Lawsuits are powerful tools, but they must be filed properly. The statute of limitations for most written contracts in California is four years. Venue also matters: the lawsuit must generally be filed where the defendant resides or where the contract was performed.

It is also critical that your agreements include a provision allowing recovery of attorney’s fees. Without it, a creditor may win the case but still lose money pursuing the claim.

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Step 4: Litigation and Judgment Enforcement

Obtaining a judgment is often only the beginning of the collection process. Effective recovery requires identifying assets and using the enforcement tools available under California law.

Common post-judgment remedies include bank levies, wage garnishments, keeper levies, real property liens, and judgment debtor examinations.

Each enforcement tool serves a different purpose. For example, a keeper levy can disrupt a business’s ability to process revenue, while real property liens attach to real estate owned by the debtor and can force payment when the property is sold or refinanced.

Strategic use of these tools is often what separates successful collections from uncollectible judgments.

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Work With a California Commercial Collections Attorney

Collecting business debt in California requires both litigation experience and practical enforcement strategy. At The Grundon Law Firm, we represent businesses and creditors throughout California in commercial collections, breach of contract litigation, and judgment enforcement.

If your business is dealing with unpaid commercial accounts, contact us to discuss your options.

Protect your revenue and enforce your rights.

Schedule a consultation with an experienced California commercial collections attorney today.

How to Collect a Judgment in California – A Creditor’s Guide

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California judgment enforcement is highly technical. It is the endgame of litigation.

You file a lawsuit to get paid. The judgment is the mechanism. The money is the objective.

The name of the game is disruption — putting the judgment debtor in a position where they cannot continue doing business as usual without addressing your judgment.

Here’s how that works.

Step 1: Take Stock of What You Already Know

The first thing to do if you’re trying to figure out how to collect a judgment is take stock of what you know.

Start with the obvious:

Do they own California real property?

Where do they work?

Where do they bank?

Do they own or operate a business?

Does anyone owe them money?

California real property is often the most valuable target. A single piece of real estate can satisfy a judgment outright.

If you don’t know the answers, you use the court’s power to find out. That includes judgment debtor examinations, subpoenas, and third-party discovery. The enforcement statutes give creditors real tools to compel information. They should be used.

Enforcement starts with information.

Step 2: Lien the Debtor’s Property

A lien on California real property is one of the most powerful tools available to a judgment creditor.

Recording an Abstract of Judgment in any county where the debtor owns property creates a lien on any real property the debtor owns in that county, including after-acquired property. If they purchase property later in that county, the lien attaches.

In commercial matters, I also consider filing a JL-1 judgment lien with the Secretary of State to encumber business equipment and accounts receivable when appropriate.

Liens don’t always produce immediate payment. But they immediately change the leverage equation.

Step 3: Obtain the Correct Writ of Execution

If we have identified targets — a bank, an employer, a business — the next step is enforcement.

In most cases, that means obtaining a Writ of Execution.

Understanding what county you need your writ for is critical. The issuing court, the county for levy, and the statutory service requirements all matter. A bank levy is not served the same way as a wage garnishment. Service on an employer is not the same as service on a financial institution.

If the writ is wrong or issued for the wrong county, the sheriff won’t act — or worse, the levy gets challenged.

This is procedural work, and it has to be done correctly.

Step 4: Execute Against the Right Targets

Once the writ is in place and the targets are confirmed, you move.

Bank Levy

If we know where the debtor banks, a properly executed bank levy can freeze and seize available funds. It is often the fastest way to convert a judgment into cash.

Assignment Orders

When income doesn’t flow through payroll — commissions, rents, royalties, recurring payments — an assignment order under CCP § 708.510 can redirect that income to the creditor.

This is critical when dealing with self-employed or business-savvy debtors.

Wage Garnishment

If the debtor is employed, an Earnings Withholding Order (wage garnishment) allows interception of up to twenty-five percent of disposable earnings. It’s steady pressure. It works best when paired with other enforcement activity.

Keeper Levy / Till Tap

For operating businesses, a keeper levy under CCP § 700.070 places a sheriff’s officer at the business to collect proceeds. A till tap allows seizure of funds directly from the register at a designated time.

These tools are effective when the debtor relies on daily cash flow.

Each remedy is chosen based on how the debtor earns and holds money. Enforcement is not one-size-fits-all.

Step 5: When Debtors Try to Evade

Some debtors cooperate. Some don’t.

When enforcement reveals asset transfers, shell entities, or attempts to hide behind corporate formalities, additional litigation may be necessary.

That can include actions under California’s Uniform Voidable Transactions Act for fraudulent transfers, alter ego proceedings to add additional liable parties, or litigation tied to bankruptcy filings.

Those are escalation tools. They aren’t used in every case. But when they’re necessary, they’re used deliberately.

Final Word

Judgment enforcement in California is procedural, strategic, and timing-sensitive.

The objective is straightforward: get you paid as quickly and as efficiently as possible.

If you’re holding a California judgment and need it converted into money, we know how to do that.

 

How I Approach Judgment Enforcement

My work typically begins when the judgment is entered. A lot of lawyers prefer trying cases to enforcing them. Enforcement is technical. It is procedural. It requires persistence. There is no courtroom moment at this stage. There is just statute, timing, leverage, and follow-through.

California judgment enforcement is the endgame of litigation. The goal is to disrupt the debtor’s ability to continue operating as usual without addressing your judgment. That disruption, applied correctly and consistently, is how you get paid.

The first step is making sure we understand exactly what we have. Which entities are bound by the judgment? Is liability against a corporation, an individual, or both? Many creditors assume that because someone owns a business, they are automatically personally liable. That is often not the case. Enforcement strategy depends entirely on who is legally obligated under the judgment. If that analysis is wrong, everything that follows is misdirected.

Once liability is clear, I evaluate collectability in practical terms. Does the debtor own California real property? Are they employed? Is there an operating business? Where do they bank? If there is real property, that is often the most direct path to payment. If information is missing, we do not speculate. We use the court’s authority, including judgment debtor examinations, to obtain it.

If the debtor owns property, I record Abstracts of Judgment in every county where they own or may acquire real estate. That creates a lien on any real property the debtor owns in that county, including after-acquired property. Refinancing becomes impossible without addressing that lien. A sale cannot close without dealing with it, or the lien transfers with the property. The effect is immediate leverage that cannot be ignored.

When there are identifiable cash-flow targets, the core enforcement tools come into play. Bank levies and wage garnishments are the most familiar, and used properly, they are extremely effective. Both typically require a Writ of Execution, and understanding the correct county and service requirements is not optional. If we know where the debtor banks, a levy can freeze available funds. If the debtor is employed, an Earnings Withholding Order redirects wages toward satisfaction of the judgment. These remedies interfere directly with incoming money. That is deliberate.

If the debtor operates a business or earns income as an independent contractor, traditional wage garnishment often will not reach the revenue stream. In that situation, an assignment order under CCP § 708.510 allows the judgment creditor to access recurring payments such as commissions, rents, or distributions. A keeper levy can place a sheriff’s officer at an operating business and intercept revenue at the source. These remedies affect daily operations. That is the point.

Sometimes judgment debtors attempt to move assets out of reach by transferring property to insiders, shifting assets between related entities, or using corporate structures as shields. Addressing that conduct requires additional litigation. Fraudulent transfer claims and alter ego theories are technical and fact-specific. They require a detailed evidentiary showing, and if they are not pursued correctly, they fail. When the facts support those remedies, they are pursued carefully and deliberately.

Judgment enforcement is methodical work. You identify the pressure points. You apply them correctly. You remove the debtor’s ability to ignore the obligation. Over time, the equation changes.

If you are holding a California judgment, I am happy to review it and give you a candid assessment of what can realistically be done.

Understanding the Challenges of Asset Recovery

Understanding the Challenges of Enforcing a California Judgments

Winning a judgment is not the finish line. It is the starting point.  This article is part of our source series, focused specifically on post-judgment collection strategy and the enforcement tools available under California law.

A court order establishes that money is owed. It does not compel payment. Many judgment debtors delay, obstruct, shift assets, operate through entities, or simply ignore the ruling. Converting a judgment into actual recovery requires strategic sequencing and disciplined use of California’s enforcement mechanisms.

Our practice focuses exclusively on California judgment enforcement. We help judgment creditors move from paper victory to actual collection.

Why Judgments Go Unpaid

After judgment, the dynamic changes. Litigation is over. Leverage begins.

Some debtors move funds between accounts. Others transfer or encumber property. Some continue operating through business entities while claiming personal insolvency. Others rely on exemptions or assume the creditor will not pursue enforcement aggressively.

The problem is rarely just locating assets. The real issue is identifying where money actually moves and applying the correct remedy at the correct time. Enforcement is not a checklist. It is a strategy process built around the debtor’s structure, income flow, and risk exposure.

Strategic Enforcement Tools Under California Law

California’s Enforcement of Judgments Law provides powerful tools. The effectiveness of those tools depends on sequencing.

A properly timed bank levy can immediately freeze and seize liquid funds. When liquidity exists, this can be decisive.

If the debtor receives wages or ongoing income, wage garnishment or assignment orders can create structured recovery over time.

Recording an abstract of judgment can attach to real property and create long-term leverage. Real property liens often force resolution when a refinance or sale becomes necessary.

A writ of execution allows the sheriff to levy on non-exempt property, including bank accounts and other assets.

Debtor examinations can compel sworn disclosure of financial information, exposing leverage points that are not visible through public records alone.

Each remedy carries procedural requirements, exemption considerations, and tactical consequences. The order in which these tools are deployed often determines the outcome.

Asset Location Is Only Part of the Equation

Locating bank accounts, real estate, or receivables is important. But identification alone does not produce recovery. The key question is how to convert visibility into enforceable action.

Enforcement requires coordination with the court, the sheriff, financial institutions, and sometimes third parties holding assets. In more complex matters, particularly where the judgment originated outside California, enforcement may begin with domesticating a sister-state judgment before moving into collection activity.

The objective is not motion practice for its own sake. The objective is disruption of business as usual until the judgment is addressed.

 

If you are attempting to enforce a California judgment — whether domestic or out of state — you can contact our office to discuss your matter.

EVER WONDER WHAT HAPPENS TO A CALIFORNIA CIVIL JUDGMENT AFTER 10 YEARS?

California civil judgments are valid for ten years from the date they were entered. If you haven’t been able to collect the balance by then, renewing the judgment can be a powerful tool.

WHAT IS JUDGMENT RENEWAL?

Renewing a judgment is a legal process that extends the enforceability of an existing judgment, not creating a new one. This means you can still collect on the debt for an additional ten years. The court clerk handles the renewal process, so there’s no need for a new court hearing.

HOW DOES RENEWAL WORK?

Before the ten-year mark hits, you’ll need to submit a form (Judicial Council form EJ-190 or similar) to initiate the renewal process. This form details the original judgment amount, any accrued interest, the filing fee, and the new, total judgment amount.

Here’s a bonus of judgment renewal: all the accrued interest gets added to the principal amount. This means you’ll start earning interest on the interest, increasing the daily amount owed.

RENEWING THE JUDGMENT LIEN

If you placed a lien on the debtor’s real property with an abstract of judgment, the good news is that renewing the judgment also renews the lien’s priority. This ensures your claim gets paid before other creditors who might come along later.

REMEMBER TO RECORD THE RENEWAL!

This is crucial: to maintain the lien’s priority, you must record the renewal application with the county recorder where the property is located. This step ensures your renewed lien’s priority remains based on the original judgment date, not the renewal date.

Renewing a judgment is a valuable tool for creditors in California. By following these steps, you can ensure your ability to collect on the debt for an additional ten years.

UPDATES TO COLLECTION LAW IN CALIFORNIA 2024

The California Legislature has made some significant changes to the rules on collecting judgments effective January 2024.   Here’s some of what you need to know about those changes.

CHANGE IN SERVICE REQUIREMENT FOR DEBTORS EXAMS

In a previous post we went through the process of conducting a judgment debtor exam.  If you want full understanding of how to conduct an exam you can check that out here. Previously, creditors only had to serve the JDE order on the debtor 10 days before the exam. Now, the service period has been extended to 30 days. This provides the debtor with more time to prepare and seek legal counsel if needed.   It also works with the new procedure debtors can utilize to try to avoid the examination.

This new notice requirement will work with new procedures set to be introduced on consumer debt after 2025 in code of civil procedure 708.111, which will provide consumer judgment debtors the option to file a Declaration in Opposition to Examination (Form JDB-110) within 15 days of service. This form allows them to challenge the JDE on various grounds, including Lack of good cause for the exam; Already provided complete financial information, and Undue hardship or medical issues.

If the debtor files the affidavit, the burden shifts to the creditor to prove good cause for the JDE. The creditor must submit their own evidence and may have to appear in court for a hearing.

CHANGES IN FORMS USED FOR LEVIES

A big change that is applicable to collection law is the new statewide mandatory forms to use when submitting levies.  This really effects anything you would use a writ to levy except for a wage garnishment They are SER-100 and SER-100a

Make sure you are up on the latest collection laws within the state.  Failing to understand these changes can slow down progress on collecting your judgments.   If you need an experienced attorney experienced in navigating post judgment collection contact us HERE

THE DETECTIVE ASPECT OF COLLECTING

By The Grundon Law Firm of The Grundon Law Firm on Thursday, May 22, 2014.

Inspector Lawyer: The Detective Aspect of Collecting

One woman made a break for it and took out her garbage. Another debtor attempted to pull out of his garage. And one man was attending a social event, chatting with friends and sipping drinks.

All of these individuals unsuccessfully avoided the process server and were eventually personally served with an order to appear for a judgment debtor’s exam, a slam-dunk for anyone attempting to collect on a judgment.

When you have obtained a judgment you can seek an order for the judgment debtor to appear in court and answer questions about their assets. Forcing judgment debtors to appear in court and reveal where they work and bank, where their spouse works and banks, and what property they own is one of the many ways to collect on a judgment.  

Unlike regular service of process, debtor’s exams must be personally served, which can make them a bit of a challenge. Yet, knocking down that barrier is possible if you employ a variety of detective-esque tactics.

Finding a current address is the most obvious first step. Simply looking through the white pages or Googling a name doesn’t always reveal an accurate address, particularly with seasoned debtors who are adept at hiding their whereabouts.

Donning our detective caps, we use a specialty database that pulls from recent utility records, work information, real property holdings, criminal records and a variety of other information to sniff out a current address. If this background check fails to lead to any viable addresses, we’ll continue snooping around by running an address skip.

Once an address for that sneaky debtor is discovered we’ll send it out with a process server. For some, the prospect of a debtor’s exam is the last straw, they cede defeat and pick up the phone, offering to settle.

Yet, there are still many debtors who would rather slink out of their homes in the dead of night than spend a day in court detailing their finances. And they will do all in their power to avoid service. That doesn’t mean we call it a day. Setting up stake-outs, wherein the process server waits outside the debtor’s home, often results in successful service. After all, that garbage will eventually get stinky.


Contact Bryan Grundon today to see how he can help you track down that sneaky debtor.