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Tag: Atlanta Debt Collection Attorney

Our law firm represents hundreds of contractors who have supplied either goods or services in the the construction of real estate. This video and article explain what you need to know about collecting money owed to you using payment bond claims.

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On private jobs where the customer has yet to make payment, we recommend a Mechanics and Material-man’s Lien as the next course of action. However, you can not assert mechanics and material men’s liens on public property. Instead, the contractor must pursue payment bond claims.

Payment bonds are a collection remedy that involves four entities: claimant, principal, owner, and surety. In addition, the law requires payment bond claims on all projects that exceed a specific dollar amount.

The Parties of Payment Bond Claims

First, the claimant is the party that supplied the goods or services that the customer has not paid for. The principal is the general contractor who is managing the project. The owner is the owner of the questionable property. And finally, the surety is the insurance company that guarantees the general contractor’s performance on the job in exchange for premium payments.

The principal and the surety are liable to the unpaid contractor under the bond. The law calls this joint and several liability.

The Miller Act found in 40 USC Section 3131 governs payment bond claims on public projects.  In Georgia, two Little Miller Acts govern public projects involving state-owned property. Similarly, the State Miller Act, found in OCGA 131060, governs State projects. And finally, the Little Miller Act found in OCGA 369190 governs county and municipal public projects.  The requirements of these two acts are identical and are commonly referred to just as The Little Miller Acts.

Like mechanic’s liens, bond claims must adhere to the terms of the payment bond. This includes proceeding with the perfection of the bond claim suit within one year of the completion of the project. So, obtaining a copy of the payment bond is vital to review the terms.

Debt Collection Assistance

Having handled hundreds of payment bond claims, our office can help you find a copy of the bond as well as the perfection of the bond claim. However, the actual terms of the payment bond are mainly irrelevant to determining any payment bond coverage. The applicable payment bond statutes enacted in Georgia will overrule the bond’s provisions. So, contact one of our knowledgeable debt collection attorneys today to work on getting the money owed to you.

What is a breach of contract as it pertains to your business debt collection case?

Get the details on what happens if there is a breach of contract and what it means for your debt recovery efforts. If you are experiencing nonpayment from a client, you may be dealing with a breach of contract. Read on to learn what this is and what you can do to recover business debts as soon as possible.

Understanding Client Breach of Contract

A breach of contract is when one party fails to fulfill its contractual duty. This issue is a top reason for business litigation in courtrooms across the United States. For business owners, a contract involves offering a product or service in exchange for payment. Even if the agreement was verbal, it is a binding contract. That means if there is no payment, the customer or client is breaking the contract and failing to fulfill their responsibility.

Another common type of breach of contract in business is when a client or customer pays for a product or service, and the company does not deliver. Either way, a breach of contract is a “cause of action” to litigate in the state of Georgia.

What to Do If There Is a Breach of Contract

If a client or customer fails to fulfill their end of a contract, you may need to move forward with a debt collection case to recover the money they owe you. Your best course of action is to reach out to an experienced debt collection agency and law firm for professional legal representation. Debt collection attorneys know exactly what steps you should take to recover funds as quickly as possible. It’s important to handle these cases with care and to know the proper steps for moving forward with litigation if necessary.

Get a Qualified Debt Collection Attorney in Your Corner

At Howe & Associates Debt Collection Attorneys, our experienced lawyers handle many broken contract cases each year. It’s one of the most common case types we litigate. Hence, we know what it takes to obtain a fair judgment in breach of contract cases. And, we can help you navigate the process to get the settlement you deserve for your products or services. You’ve worked hard to build your business and shouldn’t have to deal with customer nonpayment and broken contracts. Count on our Atlanta attorneys to help you work toward an optimal outcome.

So, if you have a customer or client who has not paid you and you need to begin effective debt collection proceedings or litigation, we can help. Contact Howe & Associates Debt Collection Attorneys online or call 678.566.6800 to request a free consultation. We can help you move forward when there is a breach of contract in a debt collection case.

Every case is different, but at Howe & Associates, we have refined our business debt collection process over 30 years of civil trial experience. Each case has had different facts and circumstances; so, since every case is different, our procedures which have been established over 30 years have been refined.

We Follow an Experienced Course of Legal Action

  1. First of all, we take an aggressive posture on our demands. We have collectors and attorneys that make demand calls. We send a series of demand letters, and all the while, we’re contacting our client to let them know what response the debtor has made.
  2. Secondly, we conduct in-depth investigations. We do title searches and asset searches. We look at court records to see if there are any other judgments or any other creditors that are also pursuing this debtor.
  3. And finally, we report back to you on our findings.

Our general approach is one of taking an aggressive stance early on in and maintaining that until your business debt collection recovery is complete.

Should You File a Lawsuit to Collect Business Debt?

We like to use all of our years of experience and doing everything we can to collect the debt up front. However, if the debt cannot be collected amicably we do recommend filing a lawsuit. If we can find that the debtor has a good address, we can serve him with the summons and complaint.

Do Our Rates Ever Change?

Our business debt collection rate stays the same. It does not change in those cases that go to trial. No matter how much work we do, we will litigate the case in order to obtain a recovery.

Basic Business Debt Collection Case Phases

  • Amicable collection with demands
  • Collection Calls
  • Collection Letters

If the debtor is ignoring these basic collection demands, then we’ll recommend filing a lawsuit. We will file the lawsuit and a work toward obtaining a judgment. Then we’ll proceed with judgment collections if the debtor has still not paid.

Howe & Associates Uses the Best Practices for Business Debt Collection

Howe & Associates has been involved in business debt collection since 1985. Find out why our experience and value make our law firm the best choice to handle your collection case. Contact one of our debt collection attorneys 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.

No matter where you own a business in the United States, there will come a time when one of your clients or customers owe you money and stop making payments. In Atlanta and the entire State of Georgia, when you look at the laws for debt collections you will find that in the majority of cases they favor the consumer. There are creditors laws that do help businesses and companies however, these are not as widely distributed and often not known by most companies. The State of Georgia is no different. Learning the laws governing debt collection in Atlanta and in the state of Georgia is imperative to ensure that you can receive the money owed you. In order to receive the best possible answers available you need to contact an Atlanta Debt Collection Attorney.

Why you need an Atlanta Debt Collection Attorney

The laws governing collecting debt in Atlanta, can be a bit overwhelming to the common business owner. All you really want is the payment for the services or products that are owed to you by one or more of your customers. Every business has some type of plan to contact customers that are late with their payments whether 30 days, 60 days, 90 days, or 120 days. However, some businesses do not really have the time to chase after customers and constantly make demands for payment, as they have to keep providing their service or products to other customers that are paying their payments in a timely manner. When you have contacted a customer that is in arrears with their payment and they still do not send payment or stop answering your telephone calls, you should consider contacting a Georgia Debt Collection Attorney. Some of the common questions that arise from our creditor clients are:

• Can I collect attorneys fees and collection costs on top of the debt
• Can interest be added to the balance due and collected from the debtor
• What is the statute of limitations for a debt collection case in Georgia
• Can I file suit against a debtor with just an oral contract or do I need a written contract
• Should I use a collection agency or a collection lawyer to collect a debt that is owed to me
• Can I file a bank garnishment or wage garnishment
• How do I collect on my judgment against the debtor
• Can I domesticate a judgment in Georgia that I obtained in another state

An Atlanta debt collection lawyer knows the laws in the state that can provide you with the resources you need and can do all the leg work for you. Your experienced Atlanta debt collection attorney will contact the individual or company that owes you money to collect the debt. They will follow every letter of the law to ensure that you receive the money owed as well as do so legally without any mistakes. Remember, there are specific things you cannot do or say in order to collect a debt.

Your Atlanta Debt Collection Attorney

At the Georgia Debt Collection Law Firm of Howe & Associates, we understand how frustrating it can be when a customer refuses to pay for goods for services they received on credit. We provide our clients with the experience of a complete team of paralegals, investigators, and collectors, in order to provide the best results for our clients. Along with doing all the legwork, we also include detailed reporting on each step we take so you know how the progress is going toward collecting what is owed to you. Our comprehensive solution is the best in the area providing you with a team of experts that have proven success.

Our team of professionals stays up to date on all changes in debt collection laws, legislative issues, and even courtroom strategies to provide you with a winning team. We are not just your run of the mill law office that will only go so far to collect debt that is owed to our clients, but when the need arises, will go to court and fight for our clients. Court of course is the last resort but remember your customer does not wish to wind up in court, either.

At this time, we would like to offer our services to you as your Atlanta Debt Collection law firm with a free consultation. At Howe & Associates Debt Collection Law Firm in our Atlanta office, we offer a free consultation to everyone that is need of debt collection help in the state. You can contact one of your professional debt collection attorney’s today at 678-566-6800. The consultation is offered with no obligation for future services.

No matter where you own a business in the United States, there will come a time when one of your clients or customers owe you money and stop making payments. In Atlanta and the entire State of Georgia, when you look at the laws for debt collections you will find that in the majority of cases they favor the consumer. There are creditors laws that do help businesses and companies however, these are not as widely distributed and often not known by most companies. The State of Georgia is no different. Learning the laws governing debt collection in Atlanta and in the state of Georgia is imperative to ensure that you can receive the money owed you. In order to receive the best possible answers available you need to contact an Atlanta Debt Collection Attorney.

Why you need an Atlanta Debt Collection Attorney

The laws governing collecting debt in Atlanta, can be a bit overwhelming to the common business owner. All you really want is the payment for the services or products that are owed to you by one or more of your customers. Every business has some type of plan to contact customers that are late with their payments whether 30 days, 60 days, 90 days, or 120 days. However, some businesses do not really have the time to chase after customers and constantly make demands for payment, as they have to keep providing their service or products to other customers that are paying their payments in a timely manner. When you have contacted a customer that is in arrears with their payment and they still do not send payment or stop answering your telephone calls, you should consider contacting a Georgia Debt Collection Attorney. Some of the common questions that arise from our creditor clients are:

• Can I collect attorneys fees and collection costs on top of the debt
• Can interest be added to the balance due and collected from the debtor
• What is the statute of limitations for a debt collection case in Georgia
• Can I file suit against a debtor with just an oral contract or do I need a written contract
• Should I use a collection agency or a collection lawyer to collect a debt that is owed to me
• Can I file a bank garnishment or wage garnishment
• How do I collect on my judgment against the debtor
• Can I domesticate a judgment in Georgia that I obtained in another state

An Atlanta debt collection lawyer knows the laws in the state that can provide you with the resources you need and can do all the leg work for you. Your experienced Atlanta debt collection attorney will contact the individual or company that owes you money to collect the debt. They will follow every letter of the law to ensure that you receive the money owed as well as do so legally without any mistakes. Remember, there are specific things you cannot do or say in order to collect a debt.

Your Atlanta Debt Collection Attorney

At the Georgia Debt Collection Law Firm of Howe & Associates, we understand how frustrating it can be when a customer refuses to pay for goods for services they received on credit. We provide our clients with the experience of a complete team of paralegals, investigators, and collectors, in order to provide the best results for our clients. Along with doing all the legwork, we also include detailed reporting on each step we take so you know how the progress is going toward collecting what is owed to you. Our comprehensive solution is the best in the area providing you with a team of experts that have proven success.

Our team of professionals stays up to date on all changes in debt collection laws, legislative issues, and even courtroom strategies to provide you with a winning team. We are not just your run of the mill law office that will only go so far to collect debt that is owed to our clients, but when the need arises, will go to court and fight for our clients. Court of course is the last resort but remember your customer does not wish to wind up in court, either.

At this time, we would like to offer our services to you as your Atlanta Debt Collection law firm with a free consultation. At Howe & Associates Debt Collection Law Firm in our Atlanta office, we offer a free consultation to everyone that is need of debt collection help in the state. You can contact one of your professional debt collection attorney’s today at 678-566-6800. The consultation is offered with no obligation for future services.

There’s help to landlords seeking collections on their past due or delinquent rent payments in Georgia. Reviewing some of the steps their debt collection firm takes to prepare and collect on bad debts, is the video topic in review today.

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We’ve been in business since 1985 and we’ve handled thousands of cases representing landlords seeking collections on their past due or delinquent rent payments. We are commonly working with them. There are a lot of things that go into the collection process for past due rent payments.

We want to obtain a copy of the lease documents. There are a lot of things in the lease that can help you and serve as a tool for collecting your debt. We’ll take a look at the lease and see what’s in there.

Georgia has provisions that will allow you to add cost of collection and attorney fees if you are required to use an attorney to collect the debt.

We also help new clients make improvements to their existing lease agreements from a debt collection standpoint. Many times you get your rental lease agreements written by an attorney however they might not be a debt collection attorney and not incorporate elements that make the debt collection processes much smoother, faster and reliable. We can add those things into the agreements that will help you collect your debts faster if the renter fails to pay their agreed upon fee.