There are a number of factors that you have to consider when hiring an attorney for a debt recovery lawsuit. Experience in the field,
Post Judgment Discovery
It is important to have proper plans for debt collection running parallel to your lawsuit process. This is because winning a judgment without a plan to recover your debts will amount to nothing. As a result, most people celebrate when the court rules in their favor only to be dumbstruck when the debtor refuses to pay or uses delaying tactics. Our aggressive attorneys begin by initiating Rule 69 Motions which allow the judgment creditor to demand discovery of assets from the debtor. Moreover, we don’t just stop at this because certainly the person who owes money will try to hide his assets. We also demand discoveries from people connected to your debtors to make sure we obtain a clear picture of their financial position.
Post Judgment Bank Attachments In the Case of Individual Debtors
A discovery process gives valuable insights about which specific judgment remedies to pursue. Post judgment bank attachments provide the creditor an authority over any assets held by a debtor in their bank. This is an effective measure to freeze any non-exempt assets held by the debtor in a bank. The attachment prohibits them from making any transactions from funds seized in their account. This can effectively lead the debtor to seek immediate dispute resolution because they have no other options available.
For salaried individuals, we can move the court to issue wage garnishments that apply to non-exempt income of the debtor. Once granted by the court, summons are issued to the employer which obligate them to deliver the specified portion of wages to the creditor. Non-compliance to Trustee summons can put the employer in contempt of court orders meaning that the entire debt amount can then be recovered directly from the employer.
Reach and Apply Actions
In our experience, our attorneys have witnessed debtors trying to make a variety of excuses to get out of paying their obligations. Reach and apply actions are applicable when a judgment debtor makes the case that they can’t pay because a third party owes them the respective payment. This type of action supersedes the debtor and puts you directly in contact with the third party. As a result, you can receive the payment from them through legal means without having to deal with the debtors.
Our experienced and relentless debt collection attorneys know a variety of post judgment remedies that can help you secure prompt debt collection. Asset seizure of non-exempt assets is another legal practice that can be implemented once the discovery process identifies properties owned by the debtor. The law only allows seizures to be executed on non-exempt properties and this is a place where you require assistance from the professional attorneys at the Law Offices of Alan M. Cohen LLC. We help you identify which properties can be seized and which can’t. Once a seizure is granted by the court, the local sheriff can be instructed to sell the property and settle the accounts therein.
Foreclosure of Mortgages
Another great remedy that our attorneys can pursue to get judgment debtors to repay their obligations is foreclosure of mortgages. As the name indicates, courts can order judicial foreclosures. This means that the debtor’s mortgage can only be finalized through a court deed.
Our aggressive attorneys are some of the most qualified and well versed in the field of debt collection. Keeper attachments are another legal tool that we use to help secure debt payments. These attachments are issued for cash in the debtors business is such in nature. The legal order authorizes the local sheriff to seize any cash that is received by the business unless the respective dues are cleared to the judgment creditor.
Receivership Post Judgment Injunctions
The list of post judgment remedies goes on and on. Receivership post judgment injunctions are court orders issued to seize the mail as well as book and records of the debtor. This is an effective method to get them to pay their dues because without the record keeping tools and regular communications it is almost impossible to run a business.
Receiverships can be operational or liquidating depending on what the court has ordered. The receiver of the mail has the power to receive rents on properties, keep possession, liquidate assets or make transfers among other things. The creditor can utilize these powers to maneuver assets in a way that makes it possible for them to recover their debts. However, there are a few drawbacks for receivership. It is a new action and the court requires a $500 deposit for its issuance. Also, the receiver can be paying to recover someone else’s debt depending on how many parties the debtor owes money to.
With the help of our proficient personal debt collection attorneys, you can sift through a variety of options for successful debt collection. It is important not to settle for just winning the case