Collecting Debts Owed To You.
Collection law arises both out of court proceedings and personal relationships. For example, when you have an agreement with someone who owes you money, they refuse to repay you so you go to court to secure a judgment for that debt, that judgment is capable of being collected on. Additionally, and perhaps more common, a friend or family member borrows money from you and you may need assistance being repaid. Or even a former spouse who owes you spousal support (a.k.a. alimony) or child support, this is also collectable.
Who Needs A Collection Lawyer?
Collecting on a debt can be a long and tedious matter. People who do not have the time to pursue collection on a debt, like other attorneys or business people, or individuals who simply want to pass the burden of collecting onto a professional who will get the job done without offending any of the Federal or State laws which protect debtors.
How Does A Collection Lawyer Collect Debt?
Our collection attorneys at Platt & Westby, P.C., first start by contacting the debtor and explaining the process of collection with them. This gives the debtor the opportunity to offer funds, or a payment plan on their own. If this is refused, our attorneys commonly use a debtor’s exam. A debtor’s exam is where the debtor is mandated by court order to answer questions relating to their finances. From bank accounts, to memberships in any L.L.C.s, or even expected inheritances. Many times the debtor discloses the very minimum, which is where our team of collection attorneys come in use by researching everything possible about the debtor and where he or she may have funds from which the debt may be collected.
Our attorneys also commonly use, a wage garnishment action, for debtors who are currently employed. This is also called a writ of earnings garnishment. This is given to their employer and without permission of the debtor, his or her wages are automatically taken out of their pay check. The employer will in effect pay twenty-five percent of the debtor’s income toward the debt.
Another common method of collecting is called a non earnings garnishment. This is where our attorneys serve a financial institution, like a bank, with a writ that orders the institution to withhold any funds, or property that institution may be holding onto in the name of the debtor. Not only must the institution withhold the property or funds, they must use those to pay the outstanding debt.
Our attorneys also reserve the legal ability to obtain a receivership through the court to take over a debtor’s business in order to fulfill the debt. Additionally, our attorneys are able to secure a sheriff’s order to sell the debtor’s real or personal property.
Choosing The Right Collection Attorney For You.
Platt & Westby, P.C., employs the best strategy for your particular case. We will not waste your time if it appears from the onset that the debt is unable to be collected. Our attorneys have been in practice for 40 years and know the subtlety needed in addition to being persistent in collection matters. Contact us or call 602-277-4441 for a free initial consultation with one of our experienced attorneys today.