Wage garnishment is important when businesses are trying to collect money from difficult customers. Courts regulate the policies on locating the debtor and communication with said debtor. Anyone in the business of attaching a salary has to abide by strong consumer regulations. Hiring an Atlanta collections attorney is the best way to get the money owed.
Recovering Funds through Wage Garnishment
In a legal case, the courts entrust the collector with sensitive information, and in serious instances, a great deal of money may exchange hands. Atlanta collection lawyers are experienced, presenting a client with the finest legal team available. In addition, Atlanta collections lawyers handle default loans with swift action. When you have done everything possible to collect from a patron, you can place the debt with an Atlanta collections lawyer, and it will get paid. Businesses lose money every year on uncollected debts. Fortunately, State and Federal law has statutes in place giving debt collectors a means of recovering funds through wage garnishment. These are civil cases requiring experience in the area of debt collection.
The Debtor’s Rights
Specializing in wage garnishment, an Atlanta debt collection lawyer understands the entities that may act on behalf of a debtor and deals with them appropriately. This might be confusing for persons unfamiliar with debt collection. A policy of no collection no fee demonstrates confidence in the abilities of our staff. This fee policy applies to all areas of collection. Businesses sell quality products and need quality representation when managing delinquent accounts. Wage garnishment is a sensitive matter and should be managed professionally for the best outcome. Debt collectors unfamiliar with the law may call consumers at all hours, on jobs or harass them in multiple ways. These activities are unlawful without the express permission of the consumer. Debtors have rights even though they owe money. A collection lawyer keeps the law and collects funds in a lawful manner.
Benefits of Working with a Collection Attorney
Furthermore, working with an attorney offers a better chance of collection. All parties will adhere to the laws and the court processes. Consequently, some collection agencies step outside the boundaries of the law. This creates problems with any collection of monies owed. A client may need money collected from a domestic dispute, credit card or breach of contract. A client can continue focusing on managing their business while an Atlanta Collection lawyer takes care of the legal process necessary to collect funds the debtors owe the business. In addition, paperwork is an important part of collections and wage garnishment. A qualified attorney will make sure all necessary documentation is in the possession of the courts. The court sometimes voids collection when the business cannot present the validation of a debt.
Howe & Associates Can Help with Wage Garnishments
In conclusion, wage garnishments require legal assistance. Furthermore, debtors have rights, and if debt collectors violate these rights, the court can disqualify a case. With all legal action, proper procedure is mandatory in the eyes of the law, and a garnishments case is no different. Losing money at every turn is not the way to collect; so, a no collection no fee is a way to help clients remain in a winning position. Whether collecting bad checks or mechanic’s liens, being paid for services rendered keeps a business moving forward. So, contact Howe and Associates for help collecting your money today.
If you are attempting to collect on unpaid debts, there are many strategies you can employ to secure the money owed you. One commonly used strategy is wage garnishment. Wage garnishment allows debt collection by taking funds directly from the debtor’s paycheck before they are paid. If you are going to use wage garnishment to collect on a debt that has gone unpaid for a significant amount of time, it is important that you understand the limitations of wage garnishment that apply.
Limitations of Wage Garnishment
#1. Federal limitations for wage garnishment. First, federal law mandates the maximum percentage that can be garnished from any one person’s check. No matter where you are located in the states, you can only collect up to 25% from a debtor’s paycheck.
#2. State limitations for wage garnishment. Depending on your location, there may be further limitations that apply. Certain states offer additional protection to their citizens and it is important to research those limitations and make sure you are in full compliance.
#3. Income limitations for wage garnishment. Another important limitation to consider is how much the individual is making at their job. The state may offer additional protection from wage garnishment if a debtor meets low income guidelines.
#4. Another creditor is using wage garnishment to collect debt. If the individual who owes you money has other unpaid debts, another creditor may already be garnishing their wages. In this case, this creditor can collect the full 25% percent until the debt is fully paid. After that point, you will be able to begin garnishing that debtor’s wages.
Howe & Associates Debt Collection Attorneys Can Help You Collect the Money Owed You
So, if you are struggling to collect on unpaid debt, wage garnishment may be the next best step for your business. And, with the help of an experienced debt collection attorney, you can take the action necessary to collect the money owed you. To learn about the limitations of wage garnishment, click here to schedule a consultation with one of our experienced attorneys.
If a debtor refuses to pay his debts even after the court renders judgment, the next step is establishing garnishment. Creditors cannot automatically garnish wages. Similarly, a creditor cannot seize property without a court order. Debt collection lawyers in Atlanta are experienced in preparing the paperwork for all of these ways to collect on debt.
Debt Collection Attorney Understands Garnishment Laws And Process
When a plaintiff obtains a judgment and the debtor still refuses to pay, the plaintiff can proceed with establishing garnishment. The Muscogee County (Georgia) Sheriff’s Office explains the purpose of garnishment as “to allow plaintiff-creditor to obtain satisfaction of a defendant-debtor obligation to him by reaching assets of the defendant whether debt or property, in the hands of a third-party.” There are certain restrictions and legal terms that may confuse the plaintiff. However, a debt collection law firm deals with these terms and situations on a daily basis.
Establishing Garnishment Through A Debt Collection Lawyer In Atlanta
Whether a plaintiff resides in Atlanta or elsewhere, a debt collection attorney can start the process of establishing garnishment against the debtor once the debtor refuses to pay a judgment. If the debtor fails to file an answer to a summons of garnishment within the 45 day time limit, the creditor may initiate garnishment. The attorney notifies the court, and the garnishment process can proceed. No matter where the defendant is located within the state, garnishment procedures will be the same. Georgia Garnishment Law outlines the process. The Official Code of Georgia, Article 1, under General Provisions, sets forth the law which states that garnishment procedures “shall be uniform in all courts throughout this state.”
Debt Collection Law Firm Specializing In Establishing Garnishment
A debt collection law firm deals with the legal process involved in establishing garnishment on a regular basis. Even though the debtor refuses to respond and pay the plaintiff, the debtor still has rights. The debt collection attorney understands that. And, he will ensure that rights of both plaintiff and debtor are protected throughout the garnishment process. This will decrease the possibility of the court dismissing the case due to a technicality. The lawyer knows what assets are subject to garnishment. An attorney will also be familiar with the exceptions regarding property or monies subject to the garnishment process. He will also know how to proceed to make garnishment reach out-of-state wages. And fortunately, the debt collection attorney can also explain the process of garnishment to the plaintiff in easy-to-understand terms.
Establishing garnishment require the services of qualified attorneys experienced in garnishment proceedings. Most importantly, the attorney can ensure that the courts hold debtors accountable. Contact one of our qualified lawyers to quickly locate the debtor and work on establishing garnishment so that you can finally collect what the debtor owes.
In a previous article on Wage Garnishments, we discussed some of the limitations that are important if utilizing this strategy for recovering unpaid debts. In this update, we discuss the current state of wage garnishment legislation in Georgia.
To recap, Georgia Collections Law is unique. Debt collectors have several methods that they can employ to collect on a past due debt. Before the garnishment process can begin, creditors must go to court to receive a judgment. Once the judgement has been received, the creditors have several options, one of which is wage garnishment.
What normally happens here is that the judgment creditor will contact the debtor’s place of employment and by law, the employer must deduct a certain portion of the debtor’s wages out of every paycheck that they receive. Having an experienced debt collection legal team can maximize the amount of the judgement awarded. In addition the legal team may represent the party who the judgement is against, and possibly reduce the judgement.
This is only one of many strategies that exist to recover bad debt, and it’s often the last resort. It’s critical that your legal team stay abreast of the latest changes in state and federal laws.
If your interested in the current state of Georgia Law, we encourage you to read more in the following article from the ADP Boost website :
Wage Garnishments In Georgia: The Law Needs Fixing
Apr 12, 2016 … Companies face continuing uncertainty about the constitutionality of wage garnishments in Georgia. Parts of the Georgia law were declared …
If you are struggling to collect on unpaid debt, wage garnishment may be the next best step for your business. With the help of an experienced debt collection attorney, you can take the action necessary to collect the money owed you. To speak with one of the experienced lawyers at Howe & Associates Debt Collection Attorneys, click here or call 678-566-6800.