A statement of claim is a legal form that is filed with the courts to commence a formal legal action against your debtor who is refusing to pay you. It is only done after you have sent at least one letter of demand to the debtor and received no action or result.
This article is my opinion, and not legal advice. I am a judgment broker, and am not a lawyer. If you ever need any legal advice or a strategy to use, please contact a lawyer.
Assignment orders can capture most distributions, commissions, and almost any kind of K-1 income. If approved by a court, an assignment order instructs someone that owes money to your judgment debtor, to pay you instead of the judgment debtor.
The best proof of service is when a Sheriff or a registered process server business personally serves the defendant, or serves the correct person at a company. With valid personal service, attempts to have the court vacate the judgment almost never succeed.
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.
It’s essential to choose a company that knows the rules of the jurisdiction where the case was filed. For example, while some jurisdictions allow any adult who is over the age of 18, has no felony convictions and is not a party to the case to serve process, most require process servers to be licensed, bonded, certified or otherwise authorized.
I have found that taking care of these three items have contributed greatly to my success as a process server. They just make an attorney feel comfortable with using a you because you have your ducks in a row.