Edhat Reader
It seems even if you win a claim in Small Claims Court, your chances of collecting on the debt are slim. I know where my debtor works (an out of town elementary school), but think his home address is no longer valid.
Would a debt collector be of help? I’ve only got one month left to collect. (Can’t believe I let this drag on for nearly four years.) Debt started out at $4,000, but now the debtor is giving me the runaround.
Last payment made to me was April 2023. Thank you for any advice, suggestions.
If you know where the debtor works why not file for a court order allowing you to garnish their wages?
How many of the collection steps listed in a quick google search have you already undertaken?
Maybe a debt collector would help get things on record but I imagine their % would be high and they might not take it on for such a small amount. Is it possible to file with small claims in the county they are now living?
Anonymous. Thank you for taking an interest. I have been treading water, spending far too much time just trying to find an agency that would consider such a “small” amount. (Small to some people, I guess.) It seems there is an overabundance of help for getting people out of debt rather than assistance offered for collecting on such debts. After MUCH online research (YELP was a great resource) and emailing and several phone calls, I located a guy in L.A. who has given me good advice. For instance: I had no clue that the clock only starts ticking after latest payment on debt is made. Somehow I thought the Statute of Limitations’ four year limit began when debt first occurred. I sent “Jeff” a copy of the “Letter of Demand” I will send to the debtor and we shall go from there. However: Possible red flag. Jeff will only work for flat payment, not on contingency basis. Any thoughts?
So you don’t lose any money to a debt collector, get his wages garnished. The court has a little booklet on how to get the order – it’s simple and quick. Once his employer receives it they MUST comply until the debt is paid.
If you know his bank account you can also levy that too. Many easy ways to collect without losing money to a debt colelctor.
OP – have you tried contacting the Legal Resource Center at the courthouse? They could probably help point you in the right direction.
https://www.santabarbara.courts.ca.gov/legal-resource-center
Thanks. I’ve wondered about this, also. This info helps. Hang in there, OP. Good luck.
Update: I am going to try talking with the debtor one last time. What complicates things is, although he signed the lease, the rental was for his daughter and her name is on the lease as well. Happily, the only guy I could find (debt collector) willing to help me has turned out to be a real mensch. He has advised me well and helped put my mind at ease. So far I have paid him nothing and he couldn’t be more generous with his time and supportive. If talking with the debtor gives no satisfaction, I have letters of demand ready to post to debtor and daughter. The rental lease included penalties for not paying rent on time. Instead of $1300 I may end up suing for $2500 + filing fee/court costs for Small Claims Court and so on. What I find dismaying is the amount of time I have spent trying to collect this debt. Cautionary tale if ever there was one: DO NOT allow your tenant(s) to rack up any rent debt. EVER. If anyone needs any help with debt collecting this is THE guy to contact. I hope, with this contact info, I may help save others from experiencing the worry and frustration of navigating “the system” in order to retrieve monies owed:
Jeff Levine
Ace Small Claims Service
5950 Imperial Highway #10,
South Gate CA. 90280
310-641-8299
310-641-8864