Relentless pursuit of the debtor is our playbook for collecting debt.
In this case we were stymied by the debtor from learning about his assets. As you will see, we relentlessly pursued the debtor. He even did some time in jail.
But the judgment was collected in full. But not immediately...
The timeline of events:
- March 24, 2014 - Default Judgment entered against the defendant.
- March 27, 2014 – An an abstract of the debt was recorded in several counties where we thought the debtor might have property.
- May 12, 2014 – We sent post-judgment discovery to the defendant. The defendant ignored the discovery.
- June 25, 2014 – Because the defendant refused to answer the discovery, we filed a motion to compel the defendant to respond.
- July 24, 2014 – The judge ordered the defendant to respond to our discovery- but the defendant ignored the judge's order and never answered the discovery.
- August 12, 2014 – Because the defendant refused to do what the judge ordered him to do, we we filed a motion with the court for the defendant to be held in contempt.
- October 16, 2014 – The judge held a hearing but the defendant did not appear. So the judge issued an Order for Writ of Attachment. This order told law enforcement personnel to arrest the defendant. At that point the Sheriff went to the Defendant's home and arrested him.
- October 18-19, 2014 – The Defendant was jailed, posted bond and then was released
- Late October 25, 2014 – We entered into a settlement with the Defendant that called for a payment plan. The client agreed that the Defendant did not need to answer the post-judgment discovery so long as payments were made. So we did not dismiss our motion for contempt, just in case.
- February 2015- The Defendant made three months of payments and then the Defendant stopped making payments.
- March 4, 2015 – We filed our 2nd Motion for Contempt since the Defendant has still not answered the post-judgment discovery we sent to them.
- May 14, 2015 – The hearing was held and this time the Defendant appeared. He promised to provide the discovery answers so the judge issued an order, but did not require any jail time. However, no answers were given.
- June 5, 2015 – Because the answers the Defendant promised to the judge were not delivered, we filed our 3rd Motion for Contempt, again seeking jail time for the Defendant.
- June 2015- The Defendant put his homestead up for sale.
- July 20, 2015 – The sale of homestead was held up briefly by the abstract previously filed. The Defendant decided that rather than request a release of his homestead (something we would be required to give him had he asked) that he would just pay the judgment in full out of the proceeds. At this point he was exhausted and just gave in.
- July 29, 2015 – Release of judgment filed.
Your Legal Question
Please use the form below to ask any question. We will attempt to answer as quickly as possible.