Debt Recovery

In the debt recovery legal process so many people pay the fees, go to court, win a judgment then stop the process. Many people just have no idea how to collect the monetary award they have just received. Long, drawn-out cases can result in people feeling very exhausted from the ordeal.

There are many ways that are designed to collect money such as:

Garnishment

A process involving three parties:

  1. Judgment creditor. The party who takes a judgment against a debtor.
  2. Judgment debtor. The party who owes the debt.
  3. The party who owes money or holds property belonging to the judgment debtor.

In this legal process, the judgment creditor obtains a court order requiring the garnishee to turn over funds or property to the judgment creditor of the rightful owner, the judgment debtor. The most common garnishments are against employers requiring them to pay directly to the debtor as opposed to the employee. The second most common garnishment is against a bank ordering it to turn over any and all bank account funds to the judgment creditor.

Construction Lien

A claim made against a property by a contractor or other professional who has supplied labor or materials for work on that property. Construction liens are designed to protect professionals from the risk of not being paid for services rendered. The legal tool is time sensitive and must be put in place at a maximum of 45 days after the last day of work or the last day of materials that has been delivered to the sight.

If the property owner is not satisfied with the work completed by the contractor or professional, simply not paying the bill will not resolve the issue. Instead, the property owner should approach the contractor about the quality of service and what can be done to rectify the issue. If the contractor has used subcontractors and has not paid them, the homeowner could still be liable for all payments due and the lien could be used to ensure that payment is made.

Writ of Sale and Seizure

If we are seeking to enforce a judgment or order for the payment or recovery of money, we may ask the court to issue one or more a writ(s) of seizure and sale and then file those writs with the sheriff(s) (see Rule 60.07). In essence, a Writ of Seizure and Sale (Form 60A) provides the sheriff with the authority to seize and sell the real and personal property belonging to the debtor that are within the geographic jurisdiction of the sheriff. On filing with the sheriff a writ of seizure and sale may also have the effect of binding land belonging to the debtor in the sheriff’s jurisdiction. There are fees associated with the issuing, filing, and enforcement of these writs.

The procedure is:

1) Requisition a writ of seizure and sale from the registrar. The requisition must set out:

  • the details of judgment or order (e.g. judgment, costs, interest, etc.);
  • the sheriff’s jurisdiction in which the writ is to be filed;
  • the date and amount of any payment received since the order was made
  • the amount owing and the rate of post-judgment interest

The requisition must be filed with the registrar where the proceeding was commenced together with a copy of the order as entered and any other evidence necessary to establish the amount awarded and the creditor’s entitlement.

Whether needing to start the litigation process in obtaining a judgment in a civil suit or if you already have a judgment and do not know the next steps to take in recovering your money, let the professionals at Shaw Legal Service turn your court order into cash. Shaw Legal Service has been extremely successful in obtaining judgment in civil suits and in debt recovery for clients along with unprecedented amounts of claim amounts.

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