Compared to many states, the State of Georgia is a good state for creditors in terms of collecting on past due accounts. Georgia has many creditors rights laws that will allow the Plaintiff in a Collection Law Suit to choose many different paths for satisfying the delinquency. No matter the type of business, whether it be a supplier of goods, medical office, Insurance Company, Architect, Concrete Supplier, Manufacturer, Roofer, Cabinet Supplier, Advertising Company, or Contractor of any kind, you have many avenues to pursue your debt.
Moving ahead of other creditors
It is important to determine as soon as possible when your client has turned into a debtor. To delay would be to allow other creditors to move ahead of you in the collection process. If your client fails to respond to your calls and ignores your final demand letter, it should be time to proceed to contact your attorney. Our law firm covers the entire State of Georgia in our coverage area and we file suit in all courts, including Magistrate Court for matters less than $15,000, State Court and Superior Court. The reason for moving quickly to collect on your debt is that the court process is typically slow. By statute, and after service of the summons and complaint on the defendant by the sheriff or special process server, the debtor will have forty five days before they are even required to file an answer with the court. If the debtor fails to file an answer to the suit, you will be able to file for a default judgment. It depends on how far behind that particular judge is on the docket as to when the motion for default judgment order will be signed.
Post Judgment Remedies
Once the judge signs the order, you will have a valid judgment against the party owing you the money. If your debt is owed to you by both a corporation and guarantor, you can name both parties as defendants in the suit. This will give you two options to pursue, in the event one of your debtors is insolvent or files for bankruptcy protection. Assuming there is no bankruptcy filed, you will be able to search for a bank account to garnish, proceed for a wage garnishment and levy on real and personal property of the debtor by giving the fifa (order of judgment) to the sheriff for a levy demand. The county sheriff will make a levy demand on all judgments obtained in Georgia for a fee. Your attorney will be able to assist you with all post judgment remedies, as well as post judgment discovery, including interrogatories, depositions and requests for production of documents. If the debtor fails to respond, you can file a motion to compel responses and ask the judge to issue an order for contempt if the compel order is ignored.