Are you struggling with collecting unpaid judgments after winning a lawsuit? Obtaining a judgment is only half the battle. Getting the debtor to repay you is sometimes the most challenging part. Ideally, the defendant would hand over the money right away. But too often, debtors refuse to pay. Here are some of the top four issues faced when trying to collect:
The Debtor Can’t Afford to Pay
Why don’t debtors pay back judgments as soon as possible? Many times, they simply don’t have the money on hand. Depending on the verdict, the debtor could owe a few hundred bucks to over a hundred thousand dollars. For many, that’s not pocket change. Instead of trying to repay, they end up ignoring the judgment entirely.
Attorneys deal with this scenario all the time when collecting unpaid judgments. And in most cases, they can deduct owed money from the debtor’s paycheck with wage garnishment. The state of Georgia caps the allowed garnished amount to 25% of the person’s weekly disposable income. And even with the garnishment in place, collecting the entire amount owed could take years.
The Debtor Files to Vacate the Judgment
It’s not uncommon for the debtor to object to the judge’s decision. They may disagree with the owed amount or may even claim that you sued them in error. Instead of paying the judgment, the defendant might file to vacate or annul it.
A debt collection attorney will help you navigate through this situation. Gathering more facts and evidence in your favor will ensure the judgment holds up in a new trial. The debtor might also agree to a voluntary repayment plan or lump sum settlement to avoid another day in court.
The Debtor Refuses to Pay Out of Spite
Some debtors feel personally attacked when the court places a judgment against them. Perhaps they have a personal vendetta against the claimant or just disagree with the decision. Instead of doing the right thing and paying the amount owed, they ignore the judgment entirely.
Of course, this is illegal. However, many claimants don’t know how to proceed when collecting unpaid judgments and walk away empty-handed. Instead of letting the debtor get away with this behavior, it’s better to let an attorney handle the dirty work. A judgment serves as a lien against all the debtor’s property. Your attorney might make levy demands and use assets, like accounts receivables and bank accounts, to enforce a garnishment statute.
Help Collecting Unpaid Judgments
Claimants expect debtors to repay judgments quickly after a ruling. However, it’s not always that easy. Debtors use shady tactics to put off making payments or avoid the judgment altogether. The legal team at Howe & Associates wants to help you get paid. We represent clients seeking debt collection in Georgia. With over 30 years of experience, you can count on us for swift judgment enforcement.
Dealing with a debtor who refuses to pay? Schedule a free consultation with Howe & Associates to get help collecting unpaid judgments.
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