I am trying to collect a debt.

[scrlive247]

What is the name of your state? California

I hope that this is the right forum. I work for a home health agency (providing physical therapy). I am not their employee, but an independent contractor. The home health agency did not pay me the last 2 months (about $5000). They maybe out of business or file bankruptcy (I am not entirely sure). I just know that they closed the office and cut off their phone service. I have a copy of the contract which have a representative name and signature, but that representative arlready stop working for them. I don't know the real owner name either. I just don't know where to start. any help would be very appreciated.

Don

 

[Chien]

There are a number of starting points depending on information that is not contained in your post.

Was it a corporation or LLC? Check with the Secretary of State for the registered agent/manager for service?:
http://www.ss.ca.gov/business/corp/corp_irc.htm

Was it a sole proprietorship with a registered fictitious business name?
If so, you don’t say which county. Check the county recorder to see who registered the name.

They had a business license in your county. Go look at the application and use the filing data.

If they also sold health products, they were licensed with the Board of Equalization. Get that information.

Check with the relevant state court and federal bankruptcy court to see if there is a filing or pending litigation.

If they required a professional license (and it sounds like it would), check with the State Dept. of Consumer Affairs.

Was it a franchise? Check with the franchisor.

They had a business license in your county. Go look at the application and use the filing data.

Did you get paid by check and still have a copy of one? Check the bank account endorsed on the back. If you sue in Small Claims, it gives you the right to subpoena bank records.

If there was an office, check with the owner/property manager to see who leased the office (they may also be owed money and be willing to help – and share cost).

While I think BBB is useless, you can check to see if there were ever complaints and who responded.

All of this can be done for free and mostly online but, as a novice, a good bet may be to use a commercial public records service, and you can find many online by using Google to look for public records + [state name]. That should give you all the data that you need in one place for about $25-40. I’m not going to endorse any particular one in a public forum, but the biggest all aggregate the same information, and the cost will save you time. It will also be capable of giving you more, like real property ownership and, perhaps, telephone number(s). A licensed Private Investigator would probable be willing to do that level of heavy listing for around $200 and suggest available assets for a few $100 more. Skip and asset tracing is part science and part art. This list could be much longer. You have to decide if you want to learn the skills or buy the output.

Using a third-party is effective. Relying on one can start to get comparatively expensive. Much can be done on your own, if you’re willing to put in the time and effort and learn. Believe it or not, your local public library may be a fertile source of information, and even the Chamber of Commerce.

An intelligent starting point, before spending much money and time, is to try to determine if there is a pending bankruptcy. If there is, it could obviate all the rest, but there is a wealth of information in the court file.

 

[scrlive247]

Chien,
Thank you for your reply. It is an Incorporation in california, and you're right they are registered and certified by medicare to practice in california. Where can I go to find out whether they are filing for bankcruptcy or not? What is the likelyhood that I can collect this debt if they are filing for bankcruptcy? I have no experience in this area at all, do you think a collection agency would be able to help?
I am sorry for asking so many questions, I hope I make sense.
Don

 

[Chien]

Where can I go to find out whether they are filing for bankcruptcy or not?

You might be able to get some direction telephonically and online. You don’t say specifically where you live (and needn’t). Use Google to find the bankruptcy court site for your area in CA. There are four districts: Eastern, Northern, Southern and Central.

There will be two ways to access site data: PACER (Public Access to Court Electronic Records) and VICS (Voice Information Case System). You can inform yourself of the particulars. PACER is more complete but requires establishing an account. VICS allows you to spell the name on your telephone keypad and get minimum information if there is or isn’t a case. I’d start with VICS and go further if you get a hit and need to, but you can decide and/or also just go to the courthouse.

What is the likelyhood that I can collect this debt if they are filing for bankcruptcy?

Probably low to zero if it’s Ch. 7; cents on the dollar if it’s Ch. 11 and you’re lucky.

Do you think a collection agency would be able to help?

Agencies can be effective but, personally, as a one-time client for a comparatively small amount and until you know the status, I think it’s premature, if it’s useful at all. If they’ve filed BK, it won’t matter at all and, if they haven’t, you can probably go directly to Small Claims with a good case and no loss of any percentage. An agency or other form of professional assistance is likely to be more useful in enforcing a judgment, if you get one and can't do it yourself.

 

[scrlive247]

Chien,
Thanks for your guidance. very helpful info. I learned so much already. from your link I am able to locate the name of the owner and an address. this home health agency was incorporated back in 1995. I was just wondering if the owner/officer's address is still current?
I am thinking of sending my bill/statement to this address to demand the payment. hoping to get a respond from the owner (in order to confirm the address at the same time). on the other hand, I fear that by doing this I am alerting the owner of my knowledge of her whereabout., and she disappears on me again. Should I send my bill/statement to this address?
I intend to take her to small court once I am sure she is not filing for bankruptcy. What kind of info from the owner do I need to go ahead with the small court case?
Don

 

[Chien]

I am thinking of sending my bill/statement to this address to demand the payment. hoping to get a respond from the owner (in order to confirm the address at the same time). on the other hand, I fear that by doing this I am alerting the owner of my knowledge of her whereabout., and she disappears on me again.

You don't say whether the debtor is a corporation, LLC, partnership or sole proprietorship, and it makes a difference. PM me (Lower left > Forum Jump > Private Messages). Tell me what you know, and I'll give you what proprietary data I have and to which you have no access without restricted databases. This offer is limited to you and this post.

What kind of info from the owner do I need to go ahead with the small court case?

A filed claim and a good service address.