Judgment Debtor Disappeared: How to Find & Collect From Missing Debtors
You won your lawsuit and have a judgment—but the debtor has vanished. No forwarding address, disconnected phone, maybe even moved out of state. This is frustratingly common: approximately 80% of civil judgments go uncollected, often because creditors don’t know how to find and pursue debtors who’ve disappeared. But your judgment isn’t worthless. This comprehensive guide shows you exactly how to locate missing debtors, discover their hidden assets, and turn your paper judgment into real money.
📌 Key Takeaways
- Professional skip tracing locates 85%+ of missing debtors
- Judgments can be domesticated to collect in other states
- Post-judgment discovery forces debtors to disclose assets under oath
- Debtors who flee often have assets worth protecting—pursue them
- Judgments can be renewed before expiration (varies by state: 5-20 years)
- Don’t rely on debtor’s claims of being “judgment proof”—verify independently
- Even partial collection is better than abandoning the judgment
📑 Table of Contents
- Why Debtors Disappear
- First Steps When Debtor Vanishes
- Skip Tracing Missing Debtors
- When Debtor Moves Out of State
- Finding Hidden Assets
- Post-Judgment Discovery
- Collection Tools & Strategies
- Wage Garnishment
- Bank Levies
- Property Liens
- Judgment Renewal
- When Debtor Files Bankruptcy
- Best Times to Collect
- Getting Professional Help
- Frequently Asked Questions
🏃 Why Judgment Debtors Disappear
Understanding why debtors vanish helps you predict their behavior and find them more effectively.
Common Reasons Debtors Flee
- Protecting assets: They have property or income they want to shield from collection
- Buying time: Hoping you’ll give up or the judgment will expire
- Fresh start: Moving to a new area to escape creditors
- Embarrassment: Avoiding the stigma of financial problems
- Multiple creditors: You’re not the only one pursuing them
- Criminal activity: Sometimes debtors are also evading law enforcement
What Their Disappearance Tells You
💡 Key Insight: Flight Suggests Assets
Debtors who truly have nothing don’t usually bother running. The effort of changing addresses, disconnecting phones, and moving away suggests they have something to protect. People who go to great lengths to avoid you often have assets worth finding. This should motivate your pursuit, not discourage it.
Typical Debtor Behavior Patterns
- Initial avoidance: Screen calls, ignore mail, hope you go away
- Local move: Change address within same area to avoid process
- State relocation: Move to new state, thinking judgment doesn’t follow
- Asset transfer: Move assets to family members or hidden accounts
- Bankruptcy consideration: File or threaten to file to discharge debt
📋 First Steps When Your Debtor Vanishes
Take these actions immediately when you discover your debtor has disappeared:
Document What You Know
Compile all information: last known address, phone numbers, employer, vehicle info, relatives’ names, social media accounts, email addresses. Everything helps skip tracing efforts.
Check Court Records
Search for the debtor in other court cases—they may have provided updated addresses in other lawsuits, divorce filings, or criminal matters.
Verify Judgment Status
Confirm your judgment is still valid and hasn’t expired. Check if any liens are properly recorded. Ensure you have certified copies available.
Run Preliminary Searches
Try free resources: social media, Google searches, voter registration, property records. This may locate them without cost.
Order Professional Skip Trace
If free methods fail, engage a professional skip tracer for current address, employer, and asset information.
🔍 Skip Tracing Missing Debtors
Skip tracing is the process of locating people who have “skipped” or disappeared. For judgment debtors, this is often the critical first step.
What Skip Tracers Search
| Data Source | What It Reveals | Accuracy |
|---|---|---|
| Credit Headers | Current address from credit activity | Very High |
| Utility Records | Where they’ve turned on services | High |
| DMV Records | Vehicle registration and license address | High |
| Employment Data | Current employer from wage reporting | Medium-High |
| Phone Records | Current phone numbers and associated addresses | Medium |
| Property Records | Real estate ownership nationwide | High |
| Court Filings | Addresses in other legal matters | High |
Skip Trace Report Contents
A comprehensive skip trace report typically includes:
- Current address: Most recent verified residence
- Address history: Previous addresses with dates
- Phone numbers: Current and historical
- Employment: Current employer if available
- Relatives/associates: Connected individuals who may know location
- Vehicles: Registered cars, boats, etc.
- Property ownership: Real estate in their name
Expected Success Rates
- Basic cases (recent move, good starting info): 90%+ success rate
- Moderate cases (older info, some evasion): 75-85% success rate
- Difficult cases (deliberate hiding, minimal info): 60-75% success rate
- Very difficult (years gone, almost no info): 40-60% success rate
🗺️ When the Debtor Moves Out of State
A debtor moving to another state doesn’t void your judgment. You can pursue them through domestication.
Domesticating Your Judgment
Domestication (also called registration or enrollment) makes your judgment enforceable in another state:
Obtain Certified Judgment Copy
Get an authenticated or certified copy of your judgment from the original court. This proves the judgment exists and is valid.
Research New State’s Rules
Each state has specific procedures for registering foreign judgments. Most follow the Uniform Enforcement of Foreign Judgments Act (UEFJA).
File in New State
File the certified judgment copy with the court in the county where the debtor now lives or has assets. Pay required filing fees.
Serve Notice on Debtor
Most states require you to notify the debtor that the judgment has been domesticated. They have limited time to challenge.
Enforce Under New State Law
Once domesticated, enforce the judgment using the new state’s collection tools: garnishment, levies, liens.
Domestication Costs
| Expense | Typical Cost |
|---|---|
| Certified judgment copy | $25-75 |
| Filing fee in new state | $50-200 |
| Service of notice | $50-150 |
| Attorney assistance (if used) | $300-1,000 |
| Total (DIY) | $125-425 |
| Total (with attorney) | $500-1,500 |
💡 Full Faith and Credit
Under the U.S. Constitution’s Full Faith and Credit Clause, states must honor valid judgments from other states. The debtor cannot escape your judgment just by crossing state lines. Once properly domesticated, your judgment has the same force as if it were originally entered in the new state.
💰 Finding Hidden Assets
Debtors who disappear often hide assets too. Finding those assets is essential for collection.
Asset Search Targets
Real Property
Homes, land, commercial property, rental income properties. Searchable through county assessor records nationwide.
High ValueVehicles
Cars, trucks, boats, RVs, motorcycles. Registration records reveal ownership and can be levied.
Medium ValueEmployment
Current wages can be garnished up to 25% of disposable income. Find employer through skip trace.
Ongoing IncomeBusiness Interests
Ownership in corporations, LLCs, partnerships. Secretary of State records reveal interests.
Variable ValueProfessional Asset Search Reports
Professional asset searches access databases unavailable to the public:
- Nationwide real property ownership
- All registered vehicles
- Aircraft and watercraft registration
- Business entity ownership (all 50 states)
- UCC filings (secured debts)
- Judgment and lien records
- Corporate officer/director positions
📋 Post-Judgment Discovery
Post-judgment discovery uses court processes to force debtors to reveal information about their assets.
Judgment Debtor Examination
Also called a debtor’s exam, supplemental proceeding, or order to appear:
- What it is: Court-ordered examination where debtor must answer questions about assets under oath
- How it works: You (or your attorney) ask questions; debtor must bring financial documents
- Power: Lying is perjury; failure to appear is contempt of court
- Documents to request: Tax returns, bank statements, pay stubs, property deeds
Information Subpoenas
Written questions the debtor must answer under oath:
- All bank accounts and balances
- Employment information
- Real property owned
- Vehicles owned
- Other income sources
- Safety deposit boxes
Third-Party Subpoenas
Subpoenas to institutions and others who have information about the debtor:
- Banks: Account information, balances, recent transactions
- Employers: Salary, benefits, bonus information
- Accountants: Tax returns, financial records
- Business partners: Partnership income, distributions
- Stock brokers: Investment account information
⚠️ Contempt of Court
If a debtor fails to appear for a judgment debtor examination or refuses to answer questions, they can be held in contempt of court. This can result in fines or even jail time. The threat of contempt often motivates cooperation from previously uncooperative debtors.
🔧 Collection Tools & Strategies
Once you’ve located the debtor and identified assets, use these tools to collect.
Collection Method Comparison
| Method | Best For | Pros | Cons |
|---|---|---|---|
| Wage Garnishment | Employed debtors | Ongoing, reliable income | Max 25% of wages |
| Bank Levy | Known bank accounts | Can grab full balance | One-time; debtor can move funds |
| Property Lien | Real estate owners | Secured; paid at sale/refi | May wait years for payment |
| Vehicle Levy | Valuable vehicles | Immediate asset seizure | Exempt amounts may apply |
| Till Tap | Cash businesses | Accesses cash flow | Requires sheriff coordination |
💼 Wage Garnishment
Wage garnishment takes money directly from the debtor’s paycheck before they receive it.
How Wage Garnishment Works
- Obtain writ of execution or garnishment order from court
- Identify debtor’s employer (skip trace can help)
- Serve garnishment order on employer
- Employer withholds portion of wages each pay period
- Employer sends withheld funds to you (or court)
Garnishment Limits
- Federal limit: 25% of disposable earnings, or amount exceeding 30x minimum wage (whichever is less)
- Some states: Lower limits (Texas protects 100% of wages from garnishment for most debts)
- Multiple garnishments: Total can’t exceed 25% even with multiple creditors
- Priority debts: Child support and taxes may take more, reducing what’s available for your judgment
🏦 Bank Levies
A bank levy freezes and seizes funds in the debtor’s bank account.
Bank Levy Process
- Obtain writ of execution from court
- Identify bank where debtor has accounts
- Deliver writ to bank (usually via sheriff)
- Bank freezes account and reports balance
- After holding period, funds transferred to satisfy judgment
Bank Levy Considerations
- Timing matters: Best right after payday when account balances are highest
- Exemptions: Some funds may be protected (Social Security, disability, etc.)
- One-time grab: Only captures what’s there at moment of levy
- Multiple levies: May need to levy multiple times
- Joint accounts: May only be able to reach debtor’s portion
🏠 Property Liens
Recording a judgment lien against real property secures your claim and ensures payment when the property is sold or refinanced.
How Judgment Liens Work
- Record abstract of judgment with county recorder
- Lien attaches to all real property debtor owns in that county
- When property is sold, your lien must be paid (or assumed by buyer)
- When property is refinanced, your lien must often be paid off
Strategic Considerations
- Record everywhere: File in every county where debtor owns or might acquire property
- Wait time: May take years before property sells
- Priority: Earlier liens get paid first (mortgage usually has priority)
- Forced sale: You may be able to force sale of property to satisfy lien (varies by state)
🔄 Judgment Renewal
Judgments don’t last forever. Know your state’s rules and renew before expiration.
Judgment Duration by State
| State | Initial Term | Renewal Term | Renewal Deadline |
|---|---|---|---|
| California | 10 years | 10 years | Before expiration |
| New York | 20 years | 20 years | Before expiration |
| Texas | 10 years | 10 years | Within 2 years of expiration |
| Florida | 20 years | 20 years | Before expiration |
| Illinois | 7 years | 7 years | Before expiration |
| Ohio | 5 years | 5 years | Before expiration |
🚫 Don’t Let Your Judgment Expire
Once a judgment expires, it cannot be renewed. You lose all collection rights permanently. Calendar the expiration date and renewal deadline. Renew early—don’t wait until the last minute when unexpected delays could cause you to miss the deadline.
📑 When the Debtor Files Bankruptcy
Bankruptcy can complicate collection, but doesn’t always eliminate your judgment.
Automatic Stay
When bankruptcy is filed, an automatic stay immediately stops all collection activity:
- You cannot garnish wages
- You cannot levy bank accounts
- You cannot pursue lawsuits
- You cannot even contact debtor about the debt
Debts That Survive Bankruptcy
Not all debts are dischargeable. Your judgment may survive if it arose from:
- Fraud: Debts obtained through fraud, false pretenses, or misrepresentation
- Willful injury: Intentional harm to you or your property
- Embezzlement or larceny: Theft or misappropriation
- Domestic support: Child support and alimony
- DUI injuries: Injuries caused by intoxicated driving
- Certain taxes: Recent income taxes and tax fraud
What to Do When Debtor Files
- Stop all collection activity immediately
- File a proof of claim in the bankruptcy case
- Determine if your debt is non-dischargeable
- If non-dischargeable, file adversary proceeding to except from discharge
- Attend 341 meeting if useful for information
⏰ Best Times to Collect
Some times are better than others for collection efforts:
Tax Refund Season (Feb-April)
Bank accounts often have higher balances from tax refunds. Levy timing can capture this windfall.
After Pay Day
Best time for bank levies—accounts are at their fullest right after direct deposit.
Before Major Purchases
If you know debtor is buying a house or car, they must clear liens or disclose judgments.
Inheritance or Windfall
Monitor obituaries of debtor’s relatives. Inheritances can be reached.
New Employment
When debtor starts new job, wage garnishment becomes possible. Monitor for employment changes.
👔 Getting Professional Help
Consider professional assistance for complex collection efforts.
Types of Professionals
- Skip tracers: Locate missing debtors and identify assets
- Collection attorneys: Handle legal aspects of judgment enforcement
- Collection agencies: May purchase or collect on contingency (typically 25-50%)
- Asset recovery specialists: Comprehensive location and collection services
When to Use Each
| Professional | Best For | Typical Cost |
|---|---|---|
| Skip Tracer | Locating debtor, basic asset info | $75-200 per search |
| Collection Attorney | Complex enforcement, domestication | $200-400/hour or contingency |
| Collection Agency | High-volume, smaller judgments | 25-50% of collected amount |
| Asset Recovery Specialist | Large judgments, comprehensive service | Contingency (20-40%) |
🔍 Need to Find a Missing Judgment Debtor?
Our professional skip tracing services locate debtors who have disappeared. Current addresses, employment, assets—we find what you need to collect. Over 20 years of experience helping judgment creditors.
