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 COLLECTION PROCESS
 

What Happens After Judgment Is Entered?

  • AFTER THE JUDGE DECIDES:  If the judge decides in your favor, the clerk of the court will enter a judgment against the other party.  The other party should pay the money directly to you or your attorney of record.
     

  • AFTER THE DEBT IS PAID:  You must file an Acknowledgment of Satisfaction of Judgment form with the court within 15 days, and send a copy to the defendant for their records.
     

  • IF THE DEBT IS NOT PAID:  If the debt is not paid within a few days fill out a collection agreement, mail it to our firm and collection efforts against the opposing party will begin.

Steps During Collection Process:

  • WRIT OF EXECUTION:  The Writ of Execution form gives a sheriff, marshal or other court officer authority to seize and sell property of the other party, and to pay the proceeds of the sale to you.

  • EARNINGS WITHHOLDING ORDER:  In order to attach the other person's earnings to your judgment, we will need the name and address of the other party's employer to give to the sheriff or marshal to serve a wage garnishment.  We are entitled to 25% of the other party's income per pay period.
     

  • BANK LEVY:  In order to levy the other party's account, we will need the name of the bank, where their branch is located, and an account number.  We are entitled to all amounts in a checking account and everything over $1,300.00 in a savings account.
     

  • CLAIM OF EXEMPTION:  The other party may be able to file a Claim of Exemption for the return of property or money that has been seized.  If a Claim of Exemption is filed by the defendant we can oppose it by filing a Notice of Opposition form, leaving it up to the judge to decide if they can afford to repay you at this time.
     

  • ABSTRACT OF JUDGMENT:  If the other party owns land or a house, you can place a lien on the property by filing an Abstract of Judgment in the county where the property is located. 
    FEE:  $100.00

     

  • COURT EXAMINATION OF JUDGMENT DEBTOR:  If you do not know specific personal information about the other party, a Court Examination of Judgment Debtor can be served to the defendant.  The court will order the other party to come to the court and answer questions under oath concerning his/her property or income.  A subpoena can be included with the Court Examination of Judgment Debtor, requesting the debtor to bring specific documents (ie. bank records, automobile titles, etc.) with them to court.  FEE:  $125.00