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re: How to find someone and their employer to activate wage garnishing?

Posted on 6/6/23 at 7:42 pm to
Posted by beachdude
FL
Member since Nov 2008
6495 posts
Posted on 6/6/23 at 7:42 pm to
You have to have the court in which you obtained the judgment issue an order for the defendant to appear for a judgment debtor rule. He must show up in court and be questioned regarding assets, employment, etc. A writ of garnishment can then be issued once you determine where he works , how much he makes, etc. Depending on the jurisdiction, you could prearm yourself with a writ of seizure for any jewelry or cash he might be foolish enough to have on him when he appears.
Posted by Martini
Near Athens
Member since Mar 2005
49661 posts
Posted on 6/6/23 at 7:43 pm to
quote:

I’ve been in the finance business over 40 years.


Ronnie, Lester or Shawn?
Posted by TIGAHS55
THIBODAUX
Member since Sep 2007
166 posts
Posted on 6/6/23 at 7:46 pm to
Non of the above , but I think I know all of whom you speak of??
Posted by Jake88
Member since Apr 2005
79993 posts
Posted on 6/6/23 at 8:09 pm to
quote:


You actually think that I was giving a serious answer? 
Aww, shite. How do I get a letter out of a mailbox?
Posted by SloaneRanger
Upper Hurstville
Member since Jan 2014
13792 posts
Posted on 6/6/23 at 8:17 pm to
The court can give you a judgment. That’s about it. You can do post judgement discovery if you can find them. If they haven’t appeared and aren’t cooperating, it can be tough as a practical matter. You were their landlord. You have no idea of where they might bank or work?
Posted by MadisonReb10
Brandon, MS
Member since Aug 2010
931 posts
Posted on 6/6/23 at 8:19 pm to
quote:

Depending on the jurisdiction, you could prearm yourself with a writ of seizure for any jewelry or cash he might be foolish enough to have on him when he appears


This depends on the state but if you don’t have any items as collateral filed under a UCC with said state you cannot just take their property. There are many ways to find them if you have the right tools (credit bureau, TLO, etc.) but more likely they will quit when the garnishment notice comes in to their employer or go work a “cash job” and you’re really kind of shite out of luck.
Posted by kingbob
Sorrento, LA
Member since Nov 2010
70529 posts
Posted on 6/6/23 at 8:21 pm to
quote:

Any idea how to find them? They both have Facebook accounts, but they appear to be separated and always in different locations.


You can find the person with all kinds of public records searches. I recommend Accurant. As for the employer, if you know where he is employed already, you can use the secretary of state's website to see if the work place is registered there. If so, all of the information such as agent for service of process, domicile, and primary place of business will be listed as well as the names of the main officers of the company.

First attempt at a garnishment, you serve the registered agent. If that fails, you can serve any officer or employee at the principle place of business.
Posted by faraway
Member since Nov 2022
3819 posts
Posted on 6/6/23 at 8:22 pm to
the best thing you can do is find them, see if they have any assets like a vehicle. if they don't have any assets, lay low for a while until they do. if you chase garnishment, you'll tip them off. wait until they have assets, then have the sheriff's dept confiscate their assets.

A lot of these low lifes will tell the deputy they filed bankruptcy but you can go to the federal courthouse and verify the sheriff's dept isn't listed as a creditor.
Posted by MadisonReb10
Brandon, MS
Member since Aug 2010
931 posts
Posted on 6/6/23 at 8:25 pm to
quote:

the best thing you can do is find them, see if they have any assets like a vehicle. if they don't have any assets, lay low for a while until they do. if you chase garnishment, you'll tip them off. wait until they have assets, then have the sheriff's dept confiscate their assets.


You can’t repossess someone’s vehicle unless you have the title and are listed as the lien holder. Maybe I’m just going by Mississippi laws but some of this stuff is hilarious.
Posted by rpg37
Ocean Springs, MS
Member since Sep 2008
54585 posts
Posted on 6/6/23 at 8:41 pm to
In the end of it all, I might just file it as a loss on taxes. I am unsure if my Landlord's insurance coverage would do anything because on Liberty Mutual they don't allow a claim of this nature to be entered.
Posted by MadisonReb10
Brandon, MS
Member since Aug 2010
931 posts
Posted on 6/6/23 at 9:04 pm to
quote:

In the end of it all, I might just file it as a loss on taxes. I am unsure if my Landlord's insurance coverage would do anything because on Liberty Mutual they don't allow a claim of this nature to be entered.


I would certainly keep trying to find them in order to garnish. If you have a connect within the consumer finance industry or law enforcement that can track down their employer it’s well worth it. You don’t want to spend hundreds of dollars filing multiple garnishments but if you can pin them down it’s worth it to file one.
Posted by zippyputt
Member since Jul 2005
7092 posts
Posted on 6/6/23 at 9:43 pm to
Call a private investigator if you can’t find them. It’s what they do. Give them a budget amount to keep it in check. You have up to $250 to find them or whatever you want to spend. Get a good one though.
Posted by rpg37
Ocean Springs, MS
Member since Sep 2008
54585 posts
Posted on 6/6/23 at 10:12 pm to
quote:

I would certainly keep trying to find them in order to garnish. If you have a connect within the consumer finance industry or law enforcement that can track down their employer it’s well worth it. You don’t want to spend hundreds of dollars filing multiple garnishments but if you can pin them down it’s worth it to file one.


It appears the couple separated with the mother now living in nearby Abbeeville, MS and the father out in Atlanta. The mom blocked me on Facebook but I can find her via someone else's account. The dad's mother is in a strong position here in Oxford community. Not sure the best approach.
Posted by BlueRunner
Member since Nov 2022
754 posts
Posted on 6/6/23 at 11:38 pm to
quote:

A lot of times you are shite out of luck in situations like this, a bad renter can really screw you over.

How can home owners who rent get screwed over by this, but big corporations will send owed bills to collections and ruin your credit. Not that these low lifes need 800+ credit rating, but why does big business get all the help in collections, but ole mom and pop can't get no help when looking for these dindus who didn't pay rent?
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 6/7/23 at 5:28 am to
quote:

How can home owners who rent get screwed over by this, but big corporations will send owed bills to collections and ruin your credit. Not that these low lifes need 800+ credit rating, but why does big business get all the help in collections, but ole mom and pop can't get no help when looking for these dindus who didn't pay rent?


Economies of scale. Most of the big dogs have dealt with this shite forever and have already established procedures in place. I don't work in this line of business but I do work for a pretty large company, and you'd be shocked how annoying and expensive it is doing something for the first time.
Posted by bigwheel
Lake Charles
Member since Feb 2008
6491 posts
Posted on 6/7/23 at 5:53 am to
Locateplus,
Posted by cheobode
Member since Dec 2017
1545 posts
Posted on 6/7/23 at 7:38 am to
My FIL has rental properties. He had to evict someone three years ago because he was always late on rent. His last month he was short $400 and then bounced. My FIL is still looking for his arse. I told him to just give it up and he ain't budging. Dude wants his money.

He messed up by "working" with the dude on the deposit because he couldn't come up with all of it up front. I think he may have paid $200 of the $1000 deposit.
Posted by Cracker
in a box
Member since Nov 2009
19270 posts
Posted on 6/7/23 at 8:34 am to
Ask the postman they know everything
Posted by weadjust
Member since Aug 2012
15752 posts
Posted on 6/7/23 at 8:36 am to
quote:

It appears the couple separated with the mother now living in nearby Abbeeville, MS and the father out in Atlanta. The mom blocked me on Facebook but I can find her via someone else's account. The dad's mother is in a strong position here in Oxford community. Not sure the best approach.


I have done garnishments in MS for non-payment of rent judgments. Generally you're wasting time going after the guy. They usually have a garnishment for child support that takes precedent over your garnishment. I would focus on the female listed on the lease and where/if she has a job.
Posted by rpg37
Ocean Springs, MS
Member since Sep 2008
54585 posts
Posted on 6/7/23 at 12:10 pm to
I sent her a last request of an email and she responded today. I am stunned. We worked out a payment plan and she actually made the first payment already.
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