Hiring A Process Server? 7 Questions You Should Ask
When a Defence is filed in the Ontario Small Claims Court, the court will notify the parties of their court date, whereas in the case of a Plaintiffs Claim, the Plaintiff has to serve the Defendant.
As a judgment broker, I talk to many business owners with a bundle of unpaid accounts, asking for my advice. First off, I am discussing debts that have not yet been turned into judgments by winning a lawsuit. If you already have a judgment, you “only must get it enforced.
Most States let you levy on any branch of the bank within the State. In California, the law is (unless the bank agrees otherwise) one must serve the exact same branch of the bank where the debtor first opened their account.
The person serving the debtor must not be you. They can be a become a process server, someone that works a mailbox rental store, a friend, etc. They might charge you. (If they do not charge you, consider giving them a gift once in while.) They need to sign page 2 of the MC-12, (I recommend lending them a blue pen to sign, which shows the original copy that the court requires), seal the envelope, and deposit the stamped and sealed envelope addressed to the judgment debtor, in an active mailbox or the post office.
4) Debtors don’t care about default judgments. If they cared, they would have either paid you, or showed up in court to contest your complaint. If you or a judgment enforcer takes their assets, they may suddenly care very much. The most popular way debtors try to avoid paying a judgment is to ask the court to vacate (cancel) the judgment.
Note the debtor can file a “Claim of Exemptions”, and you must show up in Court on the specified date to prevent them from automatically canceling your levy.
In many cases receiving a statement of claim will be enough to prompt a debtor to settle or to enter an acknowledgment with the court that they owe the debt. If the debtor contacts you personally and agrees to pay, you should ask the debtor to file the acknowledgement of the payment formally with the court. By doing this, the court will enforce payment if the debtor still does not pay. You should always ensure everything follows the formal process to protect your claim.