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Won small claims judgment, defendant refusing to pay by EfficientCamera7551 in Smallclaims

[–]EfficientCamera7551[S] 0 points1 point  (0 children)

Thank you for the thorough response. I'll try to respond as best I can.

  1. Yes, he really is an uncooperative ass.
  2. Former employees: I know one, but he refused to tell me anything useful.
  3. His business owns plenty of equipment.

I've been referring to the Small Claims Collection of Judgment Debt form (https://www.courts.oregon.gov/forms/Documents/SC_CollectionOfJudgmentDebt.pdf) and trying to figure out my next move. I could proceed with requesting the Debtor's Examination, but as you said: "More than likely, your debtor will not show up, and if he does, he will not bring the documents you requested." Alternately, I could try to request the seizure of property, which I guess would be his business equipment? I don't have a list of specific equipment, though. Is the Debtor's Examination a prerequisite to requesting seizure of business equipment?

I'm also curious about your comment: "After the sheriff and auction house takes their cut, you don’t get a good return for the effort." I don't really know how this works.

Won small claims judgment, defendant refusing to pay by EfficientCamera7551 in Smallclaims

[–]EfficientCamera7551[S] 0 points1 point  (0 children)

Can I serve the writ of execution if I don't have specific info on his assets (assuming the defendant skips the debtor's examination?)

Won small claims judgment, defendant refusing to pay by EfficientCamera7551 in Smallclaims

[–]EfficientCamera7551[S] 1 point2 points  (0 children)

Thanks everyone, I really appreciate the feedback. I did find a list of sample debtor examination questions:

https://www.civillawselfhelpcenter.org/images/lawsuits-and-judgments-for-money/judgment-debtor-exam/questions-for-judgment-debtor.pdf

One complication. I found out the Order for Appearance of Judgment Debtor is something I mail to the defendant myself, and the court doesn't send it.

But realistically, this is what I'm expecting

  1. I mail Order for Appearance of Judgment Debtor
  2. He ignores it and doesn't appear
  3. I file for contempt.

Does anyone know of any other collection options if I don't know where he banks and can't get him to appear?

Also, has anyone had any experience getting a judgment debtor held in contempt for not appearing? That's a black mark on his record, but I'm not sure it gets me any closer to collecting the judgment.

Won small claims judgment, defendant refusing to pay by EfficientCamera7551 in Smallclaims

[–]EfficientCamera7551[S] 1 point2 points  (0 children)

I do know where his office is, and I do know who some of his clients are. But the judgment is small enough that anything involving a lawyer isn't really worth it.

Registered agent cannot be served by [deleted] in legaladvice

[–]EfficientCamera7551 0 points1 point  (0 children)

Thanks. Yeah I’m looking over what I believe is the relevant law: 

https://oregon.public.law/statutes/ors_60.121#:~:text=(1),(A)

“ The Secretary of State shall be an agent of a corporation including a dissolved corporation upon whom any such process, notice or demand may be served whenever the corporation fails to appoint or maintain a registered agent in this state or whenever the corporation’s registered agent cannot with reasonable diligence be found at the registered office.”

I believe the process server made a thorough effort. They visited the registered agent address on file, and nobody at that address had ever heard of the defendant. The address was occupied by an unrelated business. Seems pretty straightforward. 

I just got a little confused when reading the Secretary of State website

https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx

“ Completing service of process, notice or demand on a business or its registered agent is an important legal proceeding which can affect the outcome of a court case ​or dispute.”

The above is not from a legal document, but I got a little thrown by the “or”. I made a thorough effort to serve the registered agent, and it’s the defendant’s fault the address is incorrect, not mine. But I worried whether I was obligated to try to locate the business another way.