When you get a judgment against the debtor, you are now in the position of being a judgment creditor. This gives you a lot more power, and you can do many things with the judgment. Read on to learn about some of the options a judgment creditor has.
Judgment Creditor Options
- File a wage garnishment.
First of all, the judgment creditor can garnish the debtors bank account, including the debtors accounts receivables. - File Post Judgment Interrogatories.
This requires the debtor to answer all asset questions under oath. These are very detailed request for documents, including copies of the last five years of their tax returns, bank account statements and account receivable documents. - Serve a notice of deposition.
This requires them to appear in our office for a deposition, where they will be required to answer under oath, about all their asset documents. We can then utilize all that information to assist in the collection process. - File a motion to compel.
If they do not respond to the Post Judgment Discovery, we can file a motion to compel, and the judge will compel the debtor to respond. - File a motion for contempt.
Finally, if the debtor ignores the motion to compel, a judgment creditor can file a motion for contempt. In addition, the judge can issue an incarceration order.
Howe & Associates Collect on Judgments
The judgment itself, serves as a lien against all of the debtor’s real property and personal property. So, we often times coordinate with the local county sheriffs office. Hence, we go out and conduct levy demands on the debtors property.
In order to collect on a judgment, our approach at Howe & Associates is to take a very aggressive stance in the post judgment area. And, one of the tools that we use is sophisticated bank account locators. These locators help us locate the debtors bank account for garnishment.
So, contact one of our attorneys at Howe & Associates today for more information on your judgment creditor debt collection options.