In the debt collection industry, people say that obtaining a judgment is only half of the battle. Unfortunately, being able to collect on an obtained judgment takes time, effort and expertise. Fortunately, Georgia has statutes that provide great power to creditors. So, whether you have obtained a judgment here in Georgia or you have obtained a judgment in another state, we can help with judgment enforcement.
Domestication of a Judgment in Georgia
Pursuant to the Uniform Judgment Enforcement Act, Georgia will recognize judgments obtained in most every other state. This is an advantage to the creditor. The courts will not force them to file a completely new lawsuit if the debtor moves from that state to Georgia. The court can domesticate the judgment, which is a procedure that entails filing of the judgment in the county of the debtor’s residence.
The first step in judgment enforcement is when the court system attaches the judgment as a judgment lien. This lien will go against all of the debtor’s real and personal property. In addition, creditor collection remedies in Georgia include bank garnishment, wage garnishment, and property levy. Furthermore, an attorney can examine the judgment debtor under oath as well as serve post judgment discovery on the debtor. Hence, this will enable you to locate assets to attach with the judgment. Being aware of all of the judgment enforcement laws in Georgia requires the services of an experienced debt collection attorney.
Law Firm for Judgment Enforcement in Georgia
Since 1985, the law firm of Howe & Associates has worked with creditors to enforce and collect on judgments. We have knowledge gained from over 60,000 debt collection claims handled over nearly three decades. Hence, judgment enforcement is something we are quite good at. So, get in touch with one of our knowledgeable attorneys today to begin the process of getting what you are owed.
Your best asset in financial situations threatening court filing is a lien attorney in Atlanta. Therefore, this would be the recommended first call. An attorney can help clients find effective solutions to overwhelming problems. One such problem is threatened liens being attached to your personal property. There are legal steps that must be taken after a court-approved judgment. However, there are some threats that an experienced attorney can keep from happening.
Judgment Liens
As part of a court-approved judgment or settlement, a judgment lien gives a creditor the right to get a debt payment. And, under these circumstances, it is wise to contact a lien attorney in Atlanta experienced in debt collection. Consequently, your real estate and personal property like jewelry, art, valuables and vehicles can be sold. And, the monies from the sales will provide payment for overdue debt in the court ordered amount. At your first meeting, you can address the issue of how to avoid losing your property and valuables. It is important to begin work on protecting as much as you can and to begin to legally settle your debt problems.
First of all, a creditor files the judgment with the Georgia Superior Court clerk. Then the clerk records the judgment and keeps the information on record for seven years. This strike against your credit can haunt you for seven years.. The best practice would be to seek debt advice from a lien attorney in Atlanta before it gets to court. If your situation is already beyond that, it is strongly recommended that you get legal advice as quickly as possible.
Debt Consolidation or Negotiation
Sadly, the debt problem has greatly increased in these economically traumatic times. And, many families in Georgia are one paycheck away from serious debt. To compound this situation, many people have to pay their own medical expenses or use Cobra. This can be a monthly cost of $900 to $1,200 per month. Most people don’t even qualify for that amount in monthly unemployment. Once you know you will be out of work, you should immediately seek legal help. A lien attorney in Atlanta can help with reliable budgeting assistance and debt consolidation or negotiation. Furthermore, it will be an emotional time, and families that need financial assistance must quickly get all their paperwork in order.
Making an appointment with a professional lien attorney in Atlanta will help you face possible home and property loss. Your lawyer will ask you questions that can help bring out options you haven’t considered. And, there may be solutions to your financial situation you are not aware of. A lien attorney will perhaps know of short term and long term fixes. Also, creditors will deal differently with a legal representative; so, save yourself telephone and mailbox harassment. Once a creditor is contacted by a lawyer, all communication will go through the law offices. Therefore, you will receive no more phone calls and no more threats.
Get Help from a Lien Attorney in Atlanta
Established in 1985, Howe & Associates Debt Collection Civil Trial Law Firm represents victims in all debt collection cases. Howe & Associates have a combined 120 years of litigation and trial experience. And, peers in the legal profession recognize the firm’s lawyers as top legal counsel. Contact a lien attorney in Atlanta to get help today.
The process involving a collections judgment can be an arduous journey. This process of debt collection involves getting another municipality to recognize a debt owed from another place or jurisdiction. Sometimes, it takes a debt collection lawyer to make this happen. Waving through, Stays of Enforcement or obtaining copies of documents with confusing names is time consuming. If you miss filing dates, money can be lost. Before you begin the collection process, there are 3 facts to be aware of concerning a domestication of judgment to collect business debts.
The Waiting Period
First of all, how long a domestication of judgment takes depends upon the ruling court system. If a civil or superior court has jurisdiction, there is no waiting period. However, if the other party files an appeal, the process may start again. Throughout most procedures, there is a 30-day waiting period. The person owing the debt has this length of time to appeal before you can collect anything. The period is longer if the court issues a default judgment, 180 days. The best way to make sure every step of the collection process is done properly is to contact a debt collection law firm and get paid.
A Debtor Has Legal Rights
Secondly, any legal document is about accuracy. You must correctly state the names and addresses, including spelling. And, It is crucial that no detail, however small, go lacking. A debt collection lawyer in Georgia will cover every avenue of a domestication of judgment. If a person does not have an attorney, it is reasonable to ask others for residential and employer information. Also, It is not ethical to discuss a person’s debt with others. No matter how upset a person may be when money goes unpaid, a debtor has legal rights that the courts will uphold. Laws prohibit threats of imprisonment, bodily harm, or any form of harassment, including false representation. A debt collection lawyer in Georgia can legally get monies you are owed in a civilized manner.
Harassment of Debtor Is Illegal
Finally, it is fine to notify a person of a debt, but do not let this take on the form of harassment. If a person places in writing that you are not to contact them, you must stop. Law prohibits certain behaviors. If they have the services of an attorney, all communications must go through the attorney. Even without an attorney, certain behaviors are not acceptable. There are laws that prohibit calling before 8 in the morning, calling late at night and calling on the job once you have been informed this is inconvenient. Using a debt collection firm helps you avoid making frustrated mistakes with a domestication of judgment. A debt collection lawyer is a professional, trained in procedural debt collection.
Howe & Associates Can Help With Domestication of Judgment
Fortunately, the court provides a legal route for a debt collection law firm to help you get the money you are legally owed. And a debt collection attorney can manage your collections while you manage your business. Taking time away from other clients to handle delinquent debts is counter productive and an easier job for a Georgia debt collection attorney. It is understood, when contracts are signed that a debt has been created, and parties agree that they will pay the debt. Unfortunately, sometimes this needs to be reinforced by legal means. This is the job of a Georgia debt collection attorney. So, contact Howe & Associates to get help today.
Collecting an Awarded Judgment
When a Georgia business obtains a final judgment, a debt collection lawyer can help enforce that judgment. The plaintiff can attempt to collect on the judgment by relying on the services of a debt collection law firm. The law firm can ensure proper collection procedures. Hence, the prevailing party receives the entitled recovery. When a Georgia court renders a judgment for a party, that party is entitled to use the services of counsel to collect the total awarded amount.
Debt Collection Practices Are Outlined By The State Laws Of Georgia
A Georgia collection firm can enforce a valid judgment against the party owing the money. Occasionally, the court reduces the judgment to a judgment lien.This lien then attaches to the debtor’s property and allows for the sale of the property. The courts will then use the proceeds of the sale to satisfy the amount remaining unpaid from the judgment. The best way to have the matter settled is through the use of a debt collection law firm. A law firm will know and follow the procedures of Georgia state law regarding judgments.
Collecting On A Judgment After The Judgment Has Been Rendered Final
A thorough Georgia attorney can take the necessary procedural steps to ensure that a judgment is properly perfected and enforceable. The collection attorney will take steps to make sure that the debtor pays the entire judgment. And after the debtor pays the judgment, the attorney will then take additional steps to release the judgment. This way, an open judgment does not remain on the books.
A debt collection expert will use all permissible means of debt collection authorized by Georgia. The attorneys will use judgment collection and enforcement procedures to get the maximum possible recovery in response to judgment collection efforts. So, contact one of our debt collection attorneys today to collect your unpaid debts.
Your company in Atlanta is suffering because of delinquent accounts receivables. To get back your losses, you start requesting your customers to pay for the money that they owe. Sadly, they do not pay and worse, they do not even reply to your messages or answer your calls. Perhaps you have found a good debt collection firm and he or she tells you to pursue litigation against your problem customers. Fortunately for you, your lawyer is good and you win the lawsuit. You may think it is time to celebrate, but there are still some things that you have to learn about. One of them is collecting the money from the judgment.
With the help of a judgement attorney in Atlanta, you will eventually receive the money you have been awarded after winning the lawsuit. Once the court decides that your customers have to pay for the amount they owe you, you are usually on your own. However, this will not be the case if you have a lawyer to guide you.
Collecting the money that should be yours is not really a problem almost all the time. This is because solvent businesses or individuals will generally pay up as soon as they receive the court judgment. If they do not, you can consult with a judgement lawyer in Atlanta and find the most appropriate legal way to force the debtor to pay you.
There are times though when a person or a business is broke and when your debtor is, this means they are judgment-proof. It is either difficult or impossible to collect your money. Before you sue that individual or company, make sure that you talk with your debt collection lawyer first to understand and choose the best action to take.
There are some cases in which the property of the debtor is protected, but there are exemptions. Your lawyer can explain to you what these exemptions are and what kind of action to take to collect the money that is rightfully yours. Another piece of information to check is whether or not a certain person will file for bankruptcy. Chapter 7 bankruptcy can be problematic particularly if you have been listed as a creditor. This is because there is a huge chance that the debt will be wiped out.
On the other hand, if the debtor receives regular wages, you can garnish them. This is one of the easiest ways that will allow you to get the money owed. There are some rules though and among them is the fact that the debtor should have a decent wage. Additionally, the federal government has the right to limit the amount that you can take from that person. There are also certain types of income that you cannot touch such as Social Security.
Nevertheless, you can also check for bank accounts, bonds, and stocks that the debtor may own. These are all common sources for collection. Once again, there are limitations and you can talk about how you can collect the judgment from a deposit account with your debt collection attorney. Meanwhile, if the judgment debtor is a company, it is possible to get the amount owed right from the cash register of the business. It is also possible to force the sale of a piece of equipment in the company that is valuable enough to match your judgment money.
When you contact a debt collection law firm, be sure that it can provide you with a competent lawyer. Enforcing the judgment on a person or a business can be tough at times especially if they can provide proof that they are bankrupt. As a last resort, you can summon the debtor to court and your lawyer can help you as well with that.