At the Stevens-Lloyd Group, in addition to utilizing our unique blend of incorporating phone calls, strong written communication skills and litigation, we also utilize more advanced debt collection techniques. These include Writs of Execution, Bank levies, and Wage garnishments. These advanced debt recovery techniques will assure that your money is recovered in the most expeditious fashion.
What is a Writ of Execution
A writ of execution (otherwise called an execution) is a court order used to put a judgment of ownership into power after it’s obtained by the offense from a higher court. When issuing a writ of execution, a court will commonly assign a sheriff or other comparative authority to claim property. Such property will often then be sold by the sheriff and the funds returned to the creditor in fulfillment of the judgment. The sheriff can essentially put a bank garnishment into effect from the debtor company’s bank or seize property. If the judgment account holder possesses genuine property, the sheriff can record the execution to “solidify” the title until the point that the execution is fulfilled.
By and large, a Writ of Execution is an effective means for creditors to recover monies against professional debtors who deliberately avoid paying their bills. When these debtor companies ignore judgments filed against them, creditors can consequently utilize writs of execution to enforce and uphold judgments.
In the United States, not all assets are liable to execution, however. For instance, Social Security income is excluded from a Writ of Execution. Numerous states also specify that an Individual Retirement Account (IRA) cannot be affected by this procedure and that claims against unemployed debtors are also excluded from Writs of Execution.
Obtaining a Writ of Execution
Before you can impose on a debtor’s wages or other property, court authorized judgment is required to file for a Writ of Execution, Writ of Garnishment, Writ of Connection, or comparably titled report. In many states, you can obtain writs in a small claims court for totals less than $5,000—for a comparatively small expense.
Once the court issues your writ, your debt collection attorney will transfer it to the sheriff, marshal, or constable in the area where the debtor operates. We recommend that your commercial collection attorney file with the court as soon as possible in order to effectively seize the debtor’s assets. Additionally, the creditor is required to provide money for court costs, bank garnishments, and other legal expenses. These expenses typically cost an average of $500.
We also recommend that your debt attorney not delay in filing the writ. A writ of execution will be terminated if it isn’t executed by the sheriff, marshal, or constable inside a specific number of days. If time runs out, you’ll need to obtain another writ of execution. Wait to obtain a Writ of Execution until your debt collection attorney has determined property, wages or other assets which can be taken.
In general, here are the parameters for obtaining Writs of Execution:
Special Civil Part court officer – for cases under the watchful eye of the Small Claims Court (debate is under $3,000), Special Civil Part (contention is under $15,000), or Civil Part (discussion is more than $15,000) in accordance with the Judge’s request.
The writ of execution can put a demand on the debtor’s bank accounts with the exception of exempted money, personal property, and motor vehicles—if the vehicle is enlisted in the judgment-account holder’s name.
If your debt collection attorney obtains a court judgment against the debtor, he or she will have the authority to approach the court for a bank levy. A bank levy is the procedure where the plaintiff of the judgment seizes the money from the debtor’s bank balance to satisfy a court-ordered debt. When a levy is issued, the debtor’s bank account is encumbered, which means they can’t access the money in that account until the debt has been repaid.
If your collection team knows where the debtor company or individual does their banking, the commercial collection attorney can arrange a sheriff, marshal, or constable to take the debtor’s assets and obtain whatever funds are available, which are also subject to exemptions. This procedure typically only works once since the indebted person is likely to move his or her assets from the bank account you garnished.
Recovering Debt from a Judgment Debtor
You’ve won your case, and the other party (the debtor) owes you money. Great! Nonetheless, there’s still much work to do. Presently, you must move forward to collect. If you know where the judgment indebted person works, you’re on the right track.
What are Wage Garnishments?
Wage garnishment is a legitimate process through which a portion of a U.S. taxpayer’s income is required to be withheld for the payment of a debt. Unlike other creditors, however, the IRS can force a garnishment without endorsement from the courts.
In many states, you’re qualified to claim 25% of a person’s net wages to fulfill your debt. However, If the debtor earns low wages, you’ll subsequently recover proportionally less money. Moreover, wage garnishments are not permitted in a few states such as Texas and Florida. Your commercial collection attorney can provide you with this information.
Recording a genuine property lien
Another advanced debt recovery technique is to file a lien on the debtor’s property which they possess. In certain states, your commercial collection attorney can file a lien by recording the judgment in the area where the property is located. At that point the title of the property will be seized by your lien. In order to clear their title of the lien, the debtor must satisfy the lien. Bear in mind that a portion of the debtor’s home property may be absolved from collection.
A Keeper of the Till, effected by a sheriff, marshal, or constable’s office, can recover monies directly from a business via their account receivables. See our article Debt Collection Tactics Used by Professional Debt Collectors.
Assets of the debtor company, such as furniture and vehicles can also be seized in order to fulfill a debt. Essentially, the main individual properties (rather than land) worth pursuing are assets of value that are worth more than the state’s exception sum. You can attach property or land if it has enough value to satisfy the home loan and pay off any estate exceptions.
The Stevens-Lloyd Group’s network of expert debt collection attorneys can determine exactly which assets are accessible or forbidden when collecting a debt. As part of their asset and liability investigation process, our collection attorneys determine how much a judgment account holder can attach by researching the state’s exemption laws where the debtor is located.
Renewing the Judgment
A money judgment is normally good for five to seven years depending on state laws. If you require an extension, a judgment may be renewed before it terminates. You’ll have to record the new judgment in accordance with the debtor’s state laws to effectuate lien rights.
By utilizing these advanced debt collection techniques, you will greatly increase the odds that your money will be recovered sooner and at less cost to you. As experts in our field, be sure to contact the specialized agents at The Stevens-Lloyd Group when it comes time to use these advanced techniques and recover your money.