Debt collection agencies do more than just send debtors written notices on behalf of their clients. They’re able to take a great deal of the legwork out of executing a court judgment. They do this by approaching the situation on multiple fronts. In this blog post, we look at 7 methods that a debt collector can use to execute a civil judgment in your favor. Let’s begin!
1. Find the debtor’s assets
The first step in enforcing a judgment is to find the debtor’s assets. The court will likely require the debtor to provide a list of their assets, but if the debtor does not cooperate, the debt collector may need to conduct an asset search.
A debt collector is better equipped to locate the debtor’s assets than either you or your business employees. They have access to a variety of databases and tools that can help them track down assets, and they also have experience dealing with debtors who may be trying to hide their assets.
2. Garnish wages
One of the most common methods of enforcing a judgment is wage garnishment. This involves withholding a portion of the debtor’s wages until the debt is paid off.
In order to garnish wages, the debt collector will need to file a wage garnishment order with the court. This order will require the debtor’s employer to withhold a certain amount of the debtor’s wages each week and send that money to the debt collector.
The debt collector can only garnish a certain amount of the debtor’s wages each week, so they may need to file multiple orders if the debt is large enough. Needless to say, this can take up a lot of time that you as a business owner are not able to put in. Garnishment rules vary by state and many states do not allow this type of action.
3. Attach bank accounts
Another common method of enforcing a judgment is attaching the debtor’s bank account. This means that the debt collector will take any money in the account up to the amount of the debt. To accomplish this, the debt collector will need to file a bank attachment order with the court.
This is similar to wage garnishment in that it requires the debtor’s bank to send any money in their account up to the amount of the debt directly to the debt collector. However, unlike wage garnishment, this process does not involve withholding a portion of each check but is rather a one-time payment.
4. Place a lien on the property
If the debtor owns properties, the debt collector may place a lien on it. This means that if the debtor tries to sell the property, they will have to pay off the debt first. The debt collector will then file a lien release with the court in order to remove the lien but only after repayment is made.
5. Seize property
In some cases, the debt collector may be able to seize the debtor’s property in order to sell it and pay off the debt. This is typically only done as a last resort, as it can be difficult and costly to sell a seized property. Furthermore, if it is done at the auction, the property may not command enough of a return to fully cover the debt.
6. Report to credit agencies
Another way to pressure a debtor into paying is to report the unpaid account to the credit bureaus. This will lower the debtor’s credit score, making it more difficult for them to get loans or lines of credit in the future. As a result, an individual may not be able to purchase a car or home and a business may not be able to grow or expand.
7. Public information
Debt collectors can also be of service when it comes to public notifications. They are connected to official sources that pick up public information items, such as a court order. They can make sure these notices get into the right hands to apply public pressure on businesses or individuals who may owe their creditors money and otherwise wouldn’t pay.
As you can see, collecting a civil judgment is more than just winning your case in court. You also have to know the best tactics for subtly (and not so subtly) getting your debtors to pay up. You also have to make sure that you’re not stepping on any laws in the process. Southwest Recovery Services has a long history of being able to secure judgments at minimal cost and wait times for its clients. They can do the same for you. Contact them today to learn more!
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