COLLECTIONS
WHY YOU SHOULD USE A COLLECTION LAW FIRM
To collect
on a debt requires a balance between
zealously pursuing debt recovery and
accommodating state and federal laws
implemented to protect the debtor. Our law
firm will contact the debtors directly to
recover outstanding debts while we adhere to
stringent legislative protocols of which
many creditors are unaware. This in turn
avoids needless lawsuits since a debtor will
commonly wish to avoid legal action once our
firm makes contact.
Yet, if
suit is required or if the creditor has
already obtained judgment, then our firm can
quickly apply the appropriate legal devises
to obtain recovery.
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WHAT IS ENFORCEMENT
OF JUDGMENTS?
A judgment is the official decision of a court of law in a lawsuit. A final
judgment resolves the issues involved in the lawsuit, and determines the rights
and obligations that each party in the lawsuit has.
In criminal law, a judgment is enforced by the government. The judgment in a
criminal matter often results in the imposition of a sentence, which the
authorities of the government enforce. Defendants can be ordered to pay a fine,
be put on probation, or can be sent to jail.
In civil law, enforcement of the judgment is left to the parties of the lawsuit.
When one party to a lawsuit does not comply with the judgment issued by the
court, it is up to the other party to seek relief, that is, obtain the
settlement granted by the court.
Enforcement of a civil judgment arises when a money judgment or order for
support is not paid. Although most people comply with a judgment issued by a
court, some people simply ignore the judgment and do not pay. When a person does
not pay, enforcement of the judgment
is required.
WHAT IS A "MONEY JUDGMENT"?
A money judgment in a civil matter is an order issued by a court that one party
to the lawsuit is to pay the other party a sum of money. The amount of the money
awarded is referred to as a "money judgment".
WHAT IS A "SUPPORT ORDER"?
A "support order" is an order of a court to pay alimony, child support, family
support, separate maintenance, or spousal support. The support order is usually
incident to an action for divorce, legal separation or paternity, and is
generally paid on a monthly basis. The enforcement of a support order can differ
from the enforcement of money judgment, since the support order is continuing in
nature. Because a money judgment is generally paid only once, there is no
concern about having to enforce future payments. Failure to pay a money judgment
is generally not in contempt of a court order. However, failure to pay a support
order can result in the judgment debtor found to be in contempt of a court
order. Being in contempt of court to pay a support order can result in the
imposition of a criminal sentence, and the debtor could be sent to prison.
WHO IS THE JUDGMENT CREDITOR?
A judgment creditor is the party in whose favor a money judgment was issued and
is entitled to enforcement of the judgment through liens, execution and levy. |
