Every once in a while, a civil court case ends with a monetary judgment that is immediately paid by the losing party. The issue is settled, and life goes on. But such an amicable resolution is not the norm. Even with court orders in hand, judgment creditors can struggle mightily to collect what they are owed. Oftentimes it boils down to a matter of control.
A savvy debtor and his attorney fully understand that by maintaining control of the collection process, they can potentially avoid paying indefinitely. So that is what they seek to do. They employ tactics like hiding assets and slow walking requests for information. Their delay tactics are designed to ultimately end with the creditor walking away in frustration.
If you are in the midst of attempting to collect from a debtor who is obviously working hard to avoid paying, you don’t have to continue allowing him or her to get away with it. You can take control of the judgment collection process. You can work the process to your own advantage, thereby increasing the chances of getting paid in full.
Bring in a Collection Agency
The easiest and most effective way to take control of the process is to bring in a collection agency that specializes exclusively in judgments. Salt Lake City-based Judgment Collectors is one such agency. Judgment Collectors and similar agencies have the knowledge, skill, and expertise to step in and do what is necessary to get paid. They know what they are doing, and they do it quite well.
Note that some collection agencies purchase judgments outright. They alleviate you of any further obligation, but they also pay pennies on the dollar. Other agencies, like Judgment Collectors, work on consignment. They do all the work with the understanding that they will get paid based on the amount they collect.
Emphasize Consistent Communication
If you choose not to bring in a collection agency, you can still take control of the process by doing some fundamental things. At the top of the list is emphasizing consistent communication. In short, do not be careless about communicating with the debtor. Communicate on a regular basis, even if that means sending a follow-up email or snail mail message just to let the debtor know you haven’t forgotten.
Should you attempt to communicate without success, do not hesitate to contact the debtor’s attorney. There are times when attorney involvement is required to light a fire under a debtor’s feet.
Don’t Delay Your Collection Efforts
Next, don’t delay any collection efforts you intend to make. If you are planning to garnish the debtor’s wages for failure to pay, do so as soon as the law allows you to. If the debtor fails to comply with interrogatories and you need to request a bench warrant, petition the court for that warrant on the first day the process allows.
Here is the reason to never delay your collection efforts: every day you delay gives the debtor more opportunity to gain the advantage. Long delays only strengthen his position and weaken yours. Not delaying flips the script. It maintains your control over the process.
Use Every Available Tool
Finally, use every available tool at your disposal. Garnish the debtor’s wages if you need to. File a judgment lien on his property. If he has a valuable asset that could be seized and sold, petition the court for a writ of seizure.
Taking control of the judgment collection process is a matter of doing everything you legally can, as soon as possible, so that the debtor doesn’t have an opportunity to delay.
