Q: I won Car wash shop, How to Collect money.
A car wash shop damaged my truck, and I filed a small claim and won $1,800. I filed an "Order to Produce Statement of Assets and to Appear for Examination (SC-134)" with the court, and a hearing has been scheduled. The subpoenaed person is the owner of the car wash, who is required to bring asset information to the court hearing. My professional server visited the shop twice, but the owner was not present. In this case, can we serve the subpoena to the cashier or the shop's manager on behalf of the owner?
A:
If you are serving an order for a debtor's examination, it must be served on the examinee, personally. The owner may be the best person, but other people might also be able to provide this information.
To collect the judgment you can hire the Sheriff's office to take money out of the cash register, or levy the bank accounts.
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A: No, a subpoena cannot be served to the cashier or shop manager on behalf of the owner. The owner is the person who is legally required to appear in court and provide asset information, and the subpoena must be served directly to the owner. If the owner cannot be located, you may need to contact the court and request guidance on how to proceed. You may also want to consider hiring a professional process server who has experience locating hard-to-find individuals to help with serving the subpoena.
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