Debt Collection
Remedies.
Aggressive Follow Up
Most matters move without a courtroom. We open a disciplined line of communication with the debtor to see whether the account can be resolved — and we keep you current with regular status updates throughout.
Suit for a Judgment
When reasonable options are exhausted, we bring suit. Before we do, we walk you through it honestly — the likelihood of recovery, the odds of a judgment, and the costs involved — so the decision is yours, made with clear expectations.
Wage Garnishment
Wage garnishment is generally available against debtors who are not the head of household — one instrument we apply wherever the law allows.
Bank Garnishment
Bank garnishment reaches both business and individual debtors. For individuals, the burden is on the debtor to show the funds are exempt as head-of-household. Third parties who themselves owe the debtor can be garnished as well.
Replevin
Replevin is a court process wherein goods can be repossessed when the creditor has a security interest in the goods and a superior right of possession. Replevins can be effected by two methods
- without prior notice or hearing as long as a bond is posted, usually for twice the value of the collateral.
- with an order to show cause giving debtor notice and opportunity to appear to show why the creditor does not have a superior right of possession.
Levy
Levy reaches both real and personal property — vehicles and boats subject to any prior liens, other personal property, and non-homestead real estate held in the debtor’s name.
Subpoena
When no assets are visible, we can subpoena the debtor for a deposition in aid of execution — compelling sworn testimony, on the record, about assets, liabilities, and the ability to pay the judgment.
Proceedings Supplementary
Fraudulent Conveyance and Successor Liability Actions.
When assets have been transferred by a judgment debtor in fraud of creditors, whether to another individual or business, we may recommend bringing an action against those third parties or entities in an attempt to recover the asset transferred or to obtain a judgment against the transferee or person who benefitted from the transfer.