If you obtain a judgment as a creditor in a disputed debt case, the debtor is legally required to repay the amount under the terms of the court order. A creditor can submit a garnishment request to confiscate some of a debtor’s salary if they do not fulfill their obligations. When the same mechanism is utilized against a bank account rather than a paycheck, it is referred to as a “levy” rather than a garnishment.
Keep reading to learn how you can collect this debt, then contact AAA Attorney Services at (714) 633-4167 to get started.
Get a judgment order from a district court
This order is frequently issued after a litigation involving a challenged obligation, such as loan defaults, overdue rent, or unpaid government fees.
Make contact with the debtor to set up a payment plan
Most jurisdictions need a minimum of 30 days following a judgment before a court will sanction any further legal action to collect the debt.
Go back to court and ask for documentation that you have the legal authority to collect
The document is referred to as a “writ of execution,” “writ of garnishment,” or “writ of attachment” in different states.
Investigate the various banking options available to your debtor
Although banks do not offer account numbers for their clients, you may occasionally check to see whether they have one—especially at a bigger commercial bank.
Bring a copy of your writ and a list of banks to the local sheriff’s office
Describe how you will gather the data. You can also attach a “memorandum of explanation” that explains any additional monies you’ll be able to collect, such as interest or research expenses. Contact a qualified process server in your neighborhood if your sheriff’s office refuses to process levies. A levy can also be served by the process server.
Wait for the sheriff’s office to provide you your monies
You may have to wait up to a month since many banks retain levy monies for up to 21 days before submitting them to the sheriff, who may then keep them for another 14 to 21 days before delivering payment to the creditor. Because the debtor has the right to submit a “claim of exemption” contesting your right to collect his money, this is the case.
As you can see, the simplest option is to work directly with a process server rather than the sheriff’s office. You can contact AAA Attorney Services at (714) 633-4167 now if you want to learn how we can provide this and other legal services to you.