If you request a till tap, the officer makes a single trip to the business and picks up all the cash and checks in the cash register or cash box. This is quick way of going after business receipts and you can request one as often as you want, but you have to prepare new levy forms each time. If the business owner keeps his money in his wallet or locked safe, a till tap will probably not work.
Before you can levy against cash receipts, you must obtain a “Writ of Execution” (EJ-130) & “Memorandum of Costs After Judgment Acknowledgment of Credit and Declaration of Accrued Interest” (Form MC-012). This is a process issued by the court directing the served by a U.S. Marshal, or another who is presumably a law enforcement officer. Complete the “Writ of Execution”, submit it to the court where your original case was filed/heard, and have the clerk issue it.
Once you have the writ, follow the steps below:
Obtain till tap information:
1. To find the Sheriff Office for a county, call the Sheriff’s Office of the county where the business is located and ask if it levies on civil money judgment. If not, find out who does. Then call and find out the fees for a till tap, whether the sheriff office has his own form (Orange County Sheriff’s department has its own form, the Sheriff Instruction Sheet (L-1176)) and how many copies of the writ are required. Instruct the sheriff to do a till tap. You must know the name and address of the business. If there isn’t enough money in the register to pay the judgment, you’ll have to pay another fee each time the sheriff goes back.
Provide the levying officer with instructions:
2. If the sheriff’s office does not provide a form, submit your own Instructions to Levying Officer letter. If you believe the business is likely to have a substantial amount of cash on hand at a certain time, instruct the officer to visit then.
After you type up the instructions, make the necessary copies of the writ instructions for the sheriff’s officer, plus one set for your file. Send the original and copies of the writ along with your instructions and fees to the officer for the county where the debtor’s business is located. If you are levying against money only, you could use a process server to speed up the process.
Get your money:
3.The levying officer will proceed with your instructions. He may advise you about the outcome of the levy. If there was any problem with the levy, for example, the business is in a private him, (what?) or has moved, he should contact you. Once the officer has collected the proceeds of the levy, he will disburse them to you. Don’t expect your money right away; delay is common. While you can call the levying officer to make sure your case hasn’t fallen through the cracks, be patient. Levying officers often transmit collected lump sums rather than distributing the funds as they are collected.
Make sure you keep track of all money collected as well as any costs incurred by you.
Collection factors – levying on cash coming into the business:
- Potential cost to you: low
- Potential for producing cash: high
- Potential for settlement: high
- Potential time and trouble: moderate
- Potential for debtor bankruptcy: low
- You cannot levy against receipts received by a home-based business without a court order
- You cannot levy against credit card receipts, or receipts for sales that are not yet final, such as a down payment or layaway deposit
- Some levying offices refuse to collect checks because of the problems involved in getting them cashed. You might deal with this by asking the Sheriff to have the debtor endorse the checks over to you
If you need a Judgment Collection Expert please refer to a Debt Collection Agency.
This information is Not Legal Advice