Pre-judgment claims are also known as pre-judgment writs of attachment. These claims allow creditors to place what’s known as a security interest on the personal property of a debtor. Basically, this is a court order to “attach” or seize an asset. The most common use of pre-judgment claims in the United States is to protect the creditor.
Secure Property at the Beginning of the Court Process
A significant concern when collecting debt is whether or not the debtor has the assets available to pay a money judgment. Another consideration is whether or not these funds will be available once the court orders a decision for the creditor. When beginning a trial, a big fear is that the debtor may sell off assets such as real estate, vehicles, and other property. In addition to selling off property, the debtor may empty bank accounts. They do this to make it appear they have fewer assets available.
This writ of attachment allows the creditor to secure property at the beginning of a lengthy court proceeding. This ensures that the debtor cannot misrepresent their ability to repay. In this way, the creditor knows that if the court rules in their favor, the debtor has the assets available to pay the creditor.
Many court cases take several months to resolve. Some last up to 12 months or more after filing the lawsuit. This type of security interest or “attachment” gives the debtor a significant incentive to resolve their debts and secure the creditor’s interest. Note that courts do not always grant pre-judgments. The ability to obtain a pre-judgment depends on several factors. Some factors include the nature of the legal claim and your individual state’s laws. A pre-judgment is provisional and must be obtained before an actual judgment is made and before the trial begins.
How to File Pre-Judgment Claims
To get pre-judgment claims, you must file a claim stating a breach of contract. The claim should show that someone (the debtor) did not repay as they promised (contracted). In this claim, you will have to prove that a breach of contract occurred.
Once the court grants pre-judgment claims, the court issues an order to a local law enforcement officer, sheriff, or agency. This party will seize property that the courts can use to satisfy the debt. In the United States, a creditor representative will attend the officer. He will assist with identifying property to be seized. In addition, they will answer questions the debtor may have.
Local law enforcement agencies generally hold any seized property in trust. When this occurs, the courts expect the creditor to provide up-front reimbursement for storing the property. Sometimes, the court will name the creditor as the custodian rather than allowing local law enforcement to store the seized property. In these cases, the creditor must prove they have secured adequate, pre-paid storage of the assets.
Let Howe & Associates Help You Collect
If your lawyer is considering pre-judgment claims, they likely want to ensure that you will receive assets the court awards. This can be a very technical and procedural motion. Your lawyer can help keep you informed on the status and the nature of the documents filed throughout the case. Get help from one of our professional attorneys at Howe & Associates when going through the process of pre-judgment claims.
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.
How to choose a business debt collection attorney in metro Atlanta, Georgia.
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This video explains how important customer service is to Howe & Associates. Customer service is an important consideration before choosing a debt collection attorney.
They want to know what’s going on with their case at every step of the way. Every collection case that we handle, our clients want their money but just as importantly, they want to be informed. They want to be educated on the process; they want to understand what we’re doing every step of the way. Our process prides itself on educating and informing them of every possible solution in every single case.
If you have a debt that needs to be collected in Atlanta or in the State of Georgia, and are seeking the services of an aggressive debt collection attorney, contact our office. We provide debt collection services on a contingency basis and file suit, file garnishment, domesticate judgments in Georgia and collect on judgments in the state of Georgia. All businesses at some time have to deal with collecting debt from their customers that are delinquent on payment. This is when creditors should look at the benefits of finding a collection agency in Atlanta.
Debt Collections in Atlanta, Georgia
Across the nation, creditors will look to the best and most cost effective way to collect their past due debt. Our debt collection law firm works with Atlanta Debt Collection Agencies and Creditors to pursue debtors for the collection of debts. There are many remedies available to the creditor in Georgia, such as filing suit to collect a debt, garnishment and bank levy. Contact our experienced debt collection law firm to discuss the laws in Georgia relating to debt collection. We work on a contingency basis and will provide aggressive debt collection support.
Collection Agency Georgia
In Atlanta, Georgia, you will want to find a law firm collection agency that will provide you with all the necessary tools to ensure you can collect the monies that is owed to you or your company. We will proceed with aggressive collection efforts to help collect the money due to you. A collection agency in Atlanta may know that the statute of limitations in the state of Georgia only provides a specific amount of time to collect debt; however, you must have a qualified and professional lawyer by your side to ensure you follow the process in a timely.
A collection agency combined with experienced attorneys in Atlanta
By choosing a collection agency in Atlanta that is backed by a team of collection attorneys you have the most experienced and knowledgeable team in the state of Georgia to help you with all your collection needs. All states have their own laws regarding collecting debt. By choosing a collection agency in Atlanta that is backed by a team of collection attorneys you have the most experienced and knowledgeable team in the state of Georgia to help you with all your collection needs. All states have their own laws regarding collecting debt. In order to proceed with each step available to you as a business or company owner, you will need a legal team that can actually get the job done from demand letters all the way to court and garnishment of bank accounts or wages.
Your Collection Agency in the State of Georgia
At our Atlanta collection law firm, we understand just how frustrating it can be to have extended credit, allowed an individual to rent an apartment, or to have repaired a roof and then the person refuse to pay for the work provided or the goods they received. This is why we have a team of paralegals, investigators, and collectors that work in the best interest of our clients. We do all the legwork prior to legal matters as well as provide you with the best solution for your collection needs.
We would like to take this time to offer our services to you as a Debt Recovery and Creditor law firm with a free consultation. At Howe & Associates in our Atlanta Georgia office, we offer a free consultation to companies and businesses that need help with debt collection. 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.