So you’ve gone to court, you’ve presented your case and you’ve been handed your judgment. Unfortunately, you have probably come to the realization that obtaining a judgment does very little to collect a judgment. AccountsReceivable.com, the nations leading debt collection agency has outlined some of the processes that can be used to collect a judgment and why going the course alone can create problems down the road.
1. The wage garnishment: In this process funds are withheld from the debtor’s paycheck and paid to the Court to apply to the judgment.
2. Levy and Execution: This process involves seizing the Debtor’s property and auctioning off the property at public sale with the proceeds applied to satisfy the judgment. Each state restricts wage garnishment and levy and execution in different ways.
3. The bank garnishment: The Sheriff seizes the Debtor’s known Bank Account and applies those funds to satisfy the judgment.
4. The Debtor Examination: Also known as a “Writ of Inquiry” or “Citation Summons”. The debtor examination is a method to discover the Debtor’s assets. It essentially asks the Court to assist in recovering a money judgment by bringing the Debtor into Court and asking him questions designed to discover the whereabouts of the Debtor’s employment, property, assets, income, and banking information. If the Debtor fails to appear, a warrant for his arrest can issue by the Court to compel his appearance. This process, as well as the other methods to obtain payment of your judgment, may be used as many times as necessary to ensure that the judgment is satisfied.
The tactics above can be used to collect a judgment but it is not as simple as filing a piece of paper and hoping that it will be successful. Judgment creditors are bared in many jurisdictions from even filing post-judgment paperwork. In addition to restrictions, garnishments that are not properly served or filed can be rejected or worse defeated by the debtor in court. If you have a judgment it is vital to use a professional debt collector like AccountsReceivable.com to enforce your judgment. Even if you were represented by an attorney that obtained the judgment, that attorney may be an expert in litigation and not enforcing judgments. If you have a judgment and need to enforce it call 321-233-4211 or go to AccountsReceivable.com.