Reclaiming Debts from Judgment Debtors
Judgment in a debt collection case serves as legally-backed justification that a debtor owes you money. Unfortunately, this does not always equate to automatic recompense with many debtors refusing to pay. You will still wield a notable amount of work to do to fully realize debt collection actions.
Virtually everyone has at least heard of the IRS and other legal entities freezing accounts and seizing assets to satisfy debts owed. While creditors do not necessarily possess this same power, many laws to allow them to seize money from a bank account after their compliance with specific procedures. In many cases, they utilize writs of garnishment in Brickell.
Garnishing wages involves taking a portion of a debtor’s salary by legal authority. With writs of garnishment in Brickell, the court orders a debtor’s employer to hold their wages, effectively repaying a creditor the debt the debtor owes.
In this scenario, as well as the following information, the garnishee represents the employer, and the debtor serves as their employee experiencing the wage garnishment.
Obtaining Writs of Garnishment in Brickell from the Court
Before you may levy a debtor’s wages or other real property, you will need to obtain court permission. This ordinarily takes the form of writs of garnishment in Brickell. In most jurisdictions, this will come from the small claims court clerk. All you need to do is pay a small fee, a cost that you can recover through the very same legal action.
Once the court approves and issues writs of garnishment in Brickell, you can deliver the writ to a sheriff, marshal, or another constable in the county where the debtor’s assets are located. It is essential to reach out to the clerk to determine what you need to provide them, as well as how the garnishment service proceeds.
In a wage garnishment scenario, time remains of the essence. Writs of garnishment in Brickell expire if not executed within a relatively short time period. If this time runs out, you must return to the clerk to obtain another writ. For this reason, you must determine and establish the property you want to acquire before contacting the clerk.
Once you determine the location of a debtor’s property, you can begin enacting this standard collection technique. This will not only enable you to recover the property but satisfy the judgment through collections as well.
If you can determine where the debtor works, this is a significant advantage. All you will need is court approval before you can serve the writ to the garnishee, and begin collecting your debt from the debtor’s wages.
Potential Limitations on Writs of Garnishment in Brickell
State authorities place limitations on what property, in addition to how much property a creditor may garnish. In most cases, you may only seize disposable earnings. This means that a portion of some debtor assets may remain exempt from collection actions. These might include Social Security benefits or payments related to child support issues.
Nevertheless, while you cannot garnish Social Security wages, if the debtor has this check deposited directly into a checking account, you can utilize these funds to satisfy the judgment debt.
This involved “freezing” the account. The debtor cannot utilize the account once frozen. After a predetermined period of time, creditors can then begin collecting on the debts using these bank account funds. This is typically 60-90 days after seizing the debtor’s account.
Additionally, debtors do wield a small recourse when this occurs. They can file an objection with the court during this waiting period to claim the exempt funds from the account. Any remaining, non-exempt property will remain eligible for you to reclaim.
Depending on the unique specifics of your debt collection case, additional exceptions and exemptions may apply regarding your writs of garnishment in Brickell. When this occurs, consult with a law firm who specializes in creditor rights and debt collection is a good idea. They can guide you throughout this process while offering insight into wage garnishment exemptions.
Obtaining and Executing Writs of Garnishment in Brickell with the Law Offices of Paul A. Humbert, P.L.
In situations concerning debt collection and writs of garnishment in Brickell, the debtor wields the burden of proof to convince a judge that one or more accounts remain exempt or contain property other than their own.
To recollect a debt with a wage garnishment, and experienced attorney remains crucial for the best possible outcome. To learn more, contact our firm at the Law Offices of Paul A. Humbert, P.L. today!