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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 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.

Small business owners know how difficult debt collection can be. Collecting debts is one of the main failing points many businesses throughout the country experience. One of the main hurdles that small businesses go through is learning how to get money from non-paying clients. However, with a little practice and courage, you may be able to lessen the amount of late payments clients owe your business. Furthermore, it can even help you develop an understanding of when to expect non-payment from a client.  And with some planning, you can reduce late payments and come up with a business plan that lets you know the right time to go for a collection.

Effective communication with clients who owe you money can help you settle the debt amicably. However, after five invoices have been sent, phone calls have been made, and emails sent, what more can a small business do to get money from non-paying clients? Do you seek the help of a debt collection law firm?

Fortunately, there are several tools a small business can utilize to collect debt. The following are three ways small businesses can collect debt.

Mediation to Get Money from Non-Paying Clients

First of all, both parties can bring in a neutral third party to assist in reaching an agreement on when the debt will be paid and how. This form of resolving the issue is for parties hoping to remain on good terms. Hence, mediation is a private process. The mediator encourages both parties to be as creative as possible to reach a form of agreement away from the courts. If both parties reach an agreement, the mediator seals the agreement with a written document, which is irrevocable and binding. Both sides often use attorneys to fulfill this role.

Local County and Hot Check Division

Additionally, a business can receive a hot check with non-sufficient funds. This can be devastating; but remember when this occurs that all is not lost. Fortunately, most counties in Atlanta have a hot check division in the local county attorney department. Its job is to return money that non-paying clients owe that they previously refused to pay. This service will help you to get your money. Bring the check to the hot check division after you have contacted the hot check writer and he/she has refused to cooperate. However, you must accurately identify the person who issues you a check by writing the person’s driver license number and state of issuance on the face of the check. Finally, the court will issue a warrant of arrest.

Using The Legal System

It may be necessary to use the court system to get money from non-paying clients. A debt collection lawyer in Atlanta can file your case in court. A court will assist you in establishing a method to retrieve what is owed to you. This route of collection requires you to obtain a judgment from either a district court or the county court with the help of a debt collection firm. The judgment can give you a writ of garnishment. The writ then gives you the authority to collect the sum owed to you from the debtor’s bank account. In addition, a judgment can also give you a writ of execution on personal property, which lets you use a court official to confiscate some kind of property from the debtor.

Each method gives you the ability to collect the debt owed to you and can be rewarding. But there must be a balance between costs and the amount of debt recovered. Perform credit checks and background checks early on to prevent these problems from arising. For more help with getting money from non-paying clients, contact Georgia Debt Collection today.

 

Many businesses have concerns about the bad debt collection process. It is imperative that businesses know when to begin collection on a bad debt. This can be challenging. Each customer’s debt is unique. Business owners in the Atlanta area can seek a debt collection attorney to advise them on collection laws in Georgia.

Some companies have internal collection policies in place. The policy may initiate the collection process after a debt is older than 60, 90, or 120 days. In most cases, the customer has not responded to previous attempts to collect the debt.  Typically, a company should look out for three areas that should prompt them to begin collection on a bad debt.

When to Begin Collection on a Bad Debt

  1. Slow or no pay – Typically after the customer has been late for a significant amount of time, the business should begin collection on a bad debt with additional internal collection activity.
  2. Broken payment arrangements – Usually, when a customer’s account is in a delinquent status, the company may make special payment arrangements to accommodate the customer’s specific situation.  This normally includes lower payments with a longer period of time to pay off the debt.  When the debtor does not maintain this arrangement, the business should begin additional internal alternatives to secure the debt.
  3. Non-responsiveness – When a customer does not respond to attempts to collect the debt, the business should send demand letters and make additional calls. But if the customer does not respond to any of the methods above, the business should seek outside help from a reputable collection agency.

What are the Next Steps to Collecting on a Bad Debt?

When a customer does not respond to collection attempts, the business can write off a likely bad debt. The business can also send it to a qualified debt collection law firm. However, in a normal debt collection situation, the proper time to begin collection on a bad debt is usually after the company has internally made several attempts and has not gotten a favorable response from the customer.

There are situations when a business retains a debt collection law firm rather than a debt collection agency.  A debt collection attorney in Atlanta can enforce the debt collection laws in Georgia when they begin collection on a bad debt. According to the Georgia state laws, collection efforts can include bank and wage garnishments and sheriff levees or judgments. These methods may result in seizing the debtors real or personal property. An attorney could advise and oversee this process.

The Debt Collection Method Guidelines

The Fair Debt Collection Practices Act (FDCPA) governs the debt collection process. This law states that collection methods can be carried out, but the methods must be restricted. Additionally the ACA International has a mandatory requirement that its members abide by all laws and regulations with respect to code of ethics concerning collection methods.

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.

After making reasonable efforts to collect on a debt, the next step may include using a lawyer or debt collector. Proceeding with debt collection efforts will only make sense up to a certain point. If collection efforts take too long, a company or individual may start to lose money on top of what is already owed. To avoid a total loss or write-off of the debt, hiring a lawyer may be the best solution for resolving outstanding debt.

Reduce Collection Timeline

Lawyers who specialize in debt collection make effective partners. They employ legal remedies that can spur a company or individual into action to satisfy a debt. A company that isn’t paid for goods and services may lose money if too much time and effort are spent on collections. However, a lawyer will assist in creating a shorter timeline for collection efforts. If negotiation and communication with a debtor fails, a lawyer may decide upon a civil court remedy. Unfortunately, sometimes a legal solution is the only way to resolve unpaid debt. Most importantly, the legal industry has a voracious reputation. Hence, it’s quite possible that a law firm may not even need to utilize the court system to resolve a debt collection issue. So, what option is better, a lawyer or debt collector?

Strong Collection Options From a Lawyer or Debt Collector

Should you hire a lawyer or debt collector? A debt collection agency may use a variety of tactics to convince a debtor to pay a bill. However, agencies cannot file a lawsuit on a company’s behalf to collect those debts. Employing a law firm for the purposes of collection allows the parties to move immediately toward mediation or a civil suit. And, a law firm can act in an aggressive manner. This will ensure the quickest resolution possible for debt that is turning into a burden for a company.

Avoid Bad Debt Write-Offs and Retain Company Image

The Great Recession looms in the minds of many individuals and companies today. Unfortunately, the common practice of writing-off bad debts has made it easy to think that this solution is easier and simpler than trying to collect on overdue debts. When a company feels that it can no longer reasonably expect to collect upon a debt, the solution may be to write-off the balance. This action may reduce a company’s tax bill. However, the value and reputation of the company may suffer if too many debts are written-off. Consider the reputations of major banks that had to write-off billions of dollars in bad loans, mortgages, and credit in 2009. Their reputations and profits suffered in the aftermath.

Collect Your Outstanding Debt with Georgia Debt Collection Lawyers

So, should you hire a lawyer or a debt collector? Unfortunately, collection efforts without an attorney might turn into a long battle with no end in sight. Additionally, significant money could be spent on collections. And, unpaid debt sometimes ends up costing more than money in the long run. Introducing a law firm into the process is a viable and immediate option. The debt collection attorneys at Howe and Associates can help you through the process of collecting the money you are owed. Contact the office today and find out the next step you should take.

What is the difference between a debt collection law firm and debt collection agency? Richard clarifies a commonly asked question regarding collection agencies and lawyers.

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A collection agency will make demands on the debtor. Often times clients will give a delinquent debt to a collection agency so that they can make demands on the debtor. They will then send demand letters and make demand calls.

The advantage that a collection law firm can provide over a collection agency is that we can provide all of those procedures.

The fact that the debtor gets there first contact directly from a collection law firm as opposed to a collection agency has more impact with the debtor. In addition to that, we can file suit. While we do have collectors on staff and our law firm and the attorneys do make demands, we have the ability to file a lawsuit. Most often filing the law suit is what’s going to result in the recovery the debt.

Howe and Associates was founded by Karl Howe in 1985 and has since become the authority regarding debt collection cases in metro Atlanta. Karl has spent his professional career as an experienced trial attorney representing thousands of plaintiffs throughout the entire state of Georgia. Richard Howe, a native of Atlanta, Georgia, has been the lead attorney representing plaintiffs in over 7000 litigation cases.

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Karl and Richard Howe are happy to be located in Georgia, serving the greater metro Atlanta area.

AV RatingAn “AV” Rating by Martindale-Hubbell, the oldest and most established legal directory in the nation. This rating, which is bestowed upon only a small percentage of attorneys nationwide and only those with at least 10 years of legal experience being considered as candidates, is classified as “preeminent”, and is in fact the highest rating available.