Debt Collection Remedies
Communication with you and your debtor. We find that good old communication with all parties sometimes frequently gets matters satisfactorily resolved. We attempts to contact the debtor to see if they want to resolve the case and we give you regular status updates as needed.
When reasonable options fail, Marcadis Singer, PA can bring suit against the debtor. Prior to this action, we will engage in a a rational conversation with you, the creditor, to set expectations on collection success, probability of winning a judgment, and costs associated with legal action.
Bank Garnishment is generally permitted against both business and individual debtors. For individual debtors, the burden is on the debtor to provide the money in the bank or other garnishment proceeds are not those of a head of household. Any other persons or entity who owes money to debtor may be subject to garnishment as well.
Replevin is a court process wherein goods can be repossessed when the creditor has a security interest in the goods and a superior right of possession. Replevins can be effected by two methods
- without prior notice or hearing as long as a bond is posted, usually for twice the value of the collateral.
- with an order to show cause giving debtor notice and opportunity to appear to show why the creditor does not have a superior right of possession.
Levy is permitted on both real and personal property. Levy is generally permitted against vehicles or boats of judgment debtors, subject to any prior liens . Levy on personal property is also generally permitted. Levy on real estate is permitted if the property is non homestead property and is in the debtor’s name.
Where the debtor has no visible assets and the creditor knows of no property or assets owned by debtor, we may subpoena a debtor for a deposition in aid of execution. The debtor is ordered to come before us, with a court reporter present, and testify under oath as to their assets and liabilities and their ability to pay the judgment.
Fraudulent Conveyance and Successor Liability Actions.
When assets have been transferred by a judgment debtor in fraud of creditors, whether to another individual or business, we may recommend bringing an action against those third parties or entities in an attempt to recover the asset transferred or to obtain a judgment against the transferee or person who benefitted from the transfer.