Using Elisors
I am not an attorney, I am a Judgment and Collection Agency Broker
. This article is my opinion, based on my California experiences, and laws are different in each state. If you want legal advice or a strategy to use, you should contact an attorney.
An Elisor is court-appointed person that substitutes their signature for another person for documents, when that person should not, cannot, or won't sign them.
Many times an person who is the Elisor stands in the shoes of a sheriff or a coroner (if they are unqualified or unavailable) for the specific purpose of signing documents required to comply with a court order.
The laws about Elisors are often similar across the nation, however they vary in many states. In California, California code of Civil Procedure 262.8 (c) specifies that when "a coroner or a sheriff is a party, and there is a vacancy in the office of the other, or where it appears, by affidavit, to the satisfaction of the court in which the proceeding is pending, or the judge thereof, that both of these officers are disqualified, or by reason of any bias, prejudice, or other cause, would not act impartially or promptly."
California CCP 262.8 (c) might be used if a coroner or a sheriff are parties to some matter, and an affidavit is submitted with the court that suggests that they may behave in a way contrary to what their duties require.
An obvious example where California code of Civil Procedure 262.8 (c) is useful, is when there is a judgment debtor business owned by a coroner or a sheriff. Another is if a sheriff or a coroner is a party in a lawsuit, another is when there is an assumed bias. One example of bias would be if the sheriff will not cooperate with a court order to sell at auction, assets belonging to a relative of the sheriff.
Depending on your location, Elisor laws might help if the sheriff where you live refuses to arrest someone after a bench warrant has been issued. Perhaps one could ask a court to appoint an Elisor sheriff to actually arrest a debtor (having a current bench warrant for their arrest) and take them into custody. This will not work in (e.g., California) counties if there is no room in the jails for civil contemners.
What if a debtor owns stocks in a closely held corporation, and you cannot locate the "physical certificates"? Note that you do not always require the certificates of a closely-held corporation. Certificates are not legal proof of ownership, they are merely evidence of ownership. Some corporations never print physical stock certificates.
If you do need physical certificates (I am not an attorney), maybe you could start by getting a get a turnover order, and:
A) If the judgment debtor's shares are turned over to the sheriff or you, that is great.
B) If the shares are not turned over because the certificates haven't yet been issued, then an order against the corporation to issue the share certificates might be appropriate.
C) If the corporation does not comply, then get an Elisor order:
1 - File the motion of Elisor, stating the debtor failed to comply, and a clerk of the court should be allowed to sign on behalf of the judgment debtor by order of the court. Have the judge sign your order.
2 - Askthe court clerk sign the blank stock shares you will provide.
3 - File the signed shares with your Secretary of State.
4 - Set up a corporate board meeting, perhaps fire the current board, and liquidate the debtor's corporate assets.
What if the judgment debtor will not sign a property transfer agreement or receipt after you were the winning bidder at a sheriff sale? File a motion of Elisor, and ask a court to appoint a clerk to sign on behalf of the debtor.
An Elisor order might be used if a party doesn't return property as required by a court order.
In a divorce, if one spouse will not sign over the ordered share of a business or a property, an Elisor order can solve the problem and make the transaction legal, because it is a court order.
by: Mark Shapiro
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