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.
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
- 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.
- 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.
- 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.
A debt collection attorney can make sure your business stays protected at all times. If you live in Georgia and you have a lot of problem clients, you may need to consult with a debt collection law firm. This is where you can get the help you need especially if a certain customer refuses to pay for your goods or services no matter how much you try to reach out.
Avoid Losses With a Debt Collection Attorney
Most businesses that sell services or products do not want to deal with collections. Customers may have received the service and product, but upon consumption, they did not find them enjoyable. This is enough reason for them to make a decision not to pay. This is simply frustrating to the business. A single small debt can be considered as a big loss depending on the good or service given.
The Presence of a Lawyer Commands Respect
Hiring a debt collection attorney will somehow reduce the hassles a problem client may give. For instance, the presence of an attorney for collecting debt creates an aura of professionalism when dealing with problem clients. Unlike collection agencies, attorneys have a professional style that will reflect well on your business. Clients look up to attorneys, too. They respond much faster to attorneys in comparison with the letters, phone calls, or visitations of a collection agency. Collections agencies may sometimes be rash and rude and may resort to what many people call harassment. This will not happen with attorneys because they know exactly what steps to take. They can talk to people in a professional manner without harassing them. In short, these lawyers are excellent negotiators.
Experience Quick Debt Collection
Businesses must be practical when it comes to collections. A debt collection attorney can help a business avoid total loss in a client’s bankruptcy. The right actions must be taken in order to have profits, and time is not just spent on waiting. They know that every minute is an opportunity to earn profits for the success of the business. All clients must be held accountable whether or not they found the good or service agreeable to their tastes.
Attorneys know the ins and outs of legalities. This knowledge is something that collections agencies do not possess. The law is quite complex, and there are laws that may sometimes bind the hands of the creditors in collecting late payments. With the help of a good attorney who understands the law, you and your business get the protection you require in times like these.
The basis of a successful business does not mainly depend on how many customers it has. It may have many, but the huge number is useless if those customers are not paying what they owe. Surely this means that your business is not generating revenue. You should never let your business be overshadowed by debts because of nonpaying clients. Get the assistance and guidance you need from a knowledgeable debt collection attorney who has your best interests at heart.
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.
How can you go about collecting past due loan payments in Georgia? Richard shares some insights into recovering past due loan payments in today’s video.
http://howeassociates.wistia.com/medias/g5ipstx9ez?embedType=seo&videoFoam=true&videoWidth=450
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.
http://howeassociates.wistia.com/medias/g7uzswdn6z?embedType=seo&videoFoam=true&videoWidth=601
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.