Collecting on Delaware Judgments
How can a Delaware debt collection lawyer collect on a judgment? The first step is to figure out what assets the debtor owns, and where those assets are located. I accomplish this by means of a collection method called a "deposition in aid of execution." Using the Court's Rules, I issue a subpoena (an Order form the Court) requiring the debtor to show up in my office at a date and time specified in the subpoena. If he fails to appear for the deposition, he can be cited for contempt of Court, which carries stiff penalties.
The subpoena requires the debtor to bring with him to the deposition whatever items I specify, such as bank statements, tax returns, deeds, accounts receivable, checkbooks, and other records I believe will help discover what assets the debtor has, and where those assets are located. The reason I ask about accounts receivable is that I can then send out "attachment documents" that require the people who owe money to the debtor to instead send those payments to us.
During the deposition, the debtor is required to answer my questions under oath in front of an official court reporter who takes down everything that's said. Once the debtor's assets have been identified, I then file papers with the Court which will eventually cause the sheriff's office to sell those assets at a public auction. The proceeds from the sale are used to pay the debt owed to my client.
