Post judgement collections can be difficult and expensive to oversee, with creditors exposing themselves to legal risks if they inadvertently violate debtors’ rights even after winning a case in court. Proven strategies help secure repayment while avoiding legal peril.
How do post judgement collections work, and what’s the best method for securing a settlement once a court rules in your favor? Here’s how to collect every penny you’re owed.
What is Post Judgment Collection?
Post judgement collection is collecting the money a creditor is owed after winning a lawsuit against a debtor in court. It’s one thing to have a judge rule in your favor and give you permission to collect an unpaid debt – it’s another thing entirely to actually collect it.
Post judgement collection can be difficult and time-consuming to pursue, as some debtors will stubbornly refuse to pay up even after a judge has decreed that repayment is mandatory.Legal experts help ensure judgement collections are efficient and ethical.
Post judgement collection often involves wage garnishment, or taking a portion of a debtor’s paycheck until their debt is entirely paid off. Wage garnishment and many other judgement collection methods are legal and facilitated by court orders from judges.
It is imperative to understand that post judgement collection is, by definition, legally supported by a court order from an authoritative judge. It may be delayed, but it is effectively impossible to stop it entirely, especially when it’s conducted by lawyers.
What Are The Stages Of Post Judgment Collection?
Post judgement collection begins after a judge has ruled in favor of a creditor and issued a money judgement against a debtor. This money judgement serves as a legal order to the debtor and tells them that the money they owe must be repaid to the creditor.
Once a money judgement has been issued, the debtor has virtually no choice but to repay the creditor. If they still refuse to pay or literally don’t have the money, the judge will take action to facilitate repayment. This usually occurs through wage garnishment.
Wage garnishment involves taking a portion of the debtor’s paycheck directly from their employer. Wage garnishment can involve legally seizing some of a debtor’s wages, bank account(s), or another source of income such as income tax refunds or inheritance.
Wage garnishment is one of the most common and effective forms of post judgement collections in Michigan and across the entire United States.
Post Judgement Collection In Michigan
A judge may order that property be seized and sold to pay off a debt – a “levy.” By securing an MC19 form – “REQUEST AND ORDER TO SEIZE PROPERTY” – a debtor’s property can be seized and then legally resold to someone else by a creditor to pay off the debt.
A judge may also order a “judgement lien” on a debtor’s property. This means the debtor cannot legally sell that property (e.g., a house) until their debt is fully paid off.
Judgement liens encourage repayment and are far more common than levies, which are quite rare.
If a creditor doesn’t know where a debtor lives or works, and thus can’t seize their property or wages, they can secure an MC11 form – “SUBPOENA” – which will legally require the debtor to show up in court and provide the information needed to facilitate repayment.
Debtors in Michigan who fail to adhere to judgement collections orders like an MC19 or MC11 may be found in contempt of court. Contempt of court can sometimes lead to imprisonment.
When To Handle Post Judgment Collection on Your own
Creditors who want to avoid paying steep fines or going to jail should always avoid handling post judgement collection on their own. It is incredibly easy for someone who lacks legal expertise to violate debt collection laws accidentally, even after winning in court.
Debt collection laws like the Fair Debt Collection Practices Act govern debt collection practices. This federal law covers the entire United States. There are also Michigan laws governing debt collection that can easily be violated by collecting yourself without a lawyer.
Penalties for violating the rights of debtors often include forfeiting the debt you’re owed. By hiring a certified attorney with experience in post judgement settlement and effective collection techniques, you avoid legal peril while quickly guaranteeing total repayment.
Benefits of Hiring a Debt Collection Attorney
Debt collection attorneys know the effective collection techniques that debt collection agencies simply can’t match. Furthermore, these legal experts can steer clear of any violations of the law that would otherwise cost creditors dearly.
Judgement collection lawyers are familiar with the local forms (like MC19 and MC11) that may need to be filled out to secure repayment. They have experience dealing with (potentially hostile) judges and can track down wayward debtors with great skill.
A good judgement collection lawyer can also provide you with a realistic timeline regarding judgement collections. This allows business owners to make more astute decisions about their financial future, as they know when they’ll get repaid in full.
What about debt collection agencies?
Debt collection agencies are all bark and no bite. While they can intimidate debtors, they cannot initiate actual legal proceedings to secure court-ordered money judgements. They can easily make a mistake that violates a debtor’s rights and forfeits the debt entirely.
While some collection agencies are popular in the early stages of debt collection, a judgement collection lawyer is the only expert who can seal the deal and guarantee you full repayment.
Debt collection agencies will also be incapable of authoritatively answering any legal questions a creditor may have about post judgement collections. Do you have a post judgement interest in Michigan? Depend upon a certified lawyer instead of a mere agency.
FAQ
What is an outstanding judgement?
Outstanding judgements are when a creditor has won their case in court, is legally owed money, but still hasn’t been repaid. The still-unpaid debt is referred to as an “outstanding judgement.”
What is an unpaid judgement?
An unpaid judgement is simply another term to refer to an outstanding judgement.
What is a judgement collection lawyer?
A judgement collection lawyer is a certified attorney with the legal expertise needed to steer you through the entire collections process. From representing you in court to ensuring full repayment, they oversee the legal elements of judgements and collections.
Can you settle a judgement for less?
Creditors and debtors may agree to reach a private settlement that’s different from whatever a court ordered. Court-ordered settlements are more authoritative, however. Debtors cannot pay less than what a judgement demands without the approval of the court or creditor.
Can debtors hide money from creditors?
Efforts to hide legally-owed money after a court judgement has been issued are illegal. Debtors should not attempt to “hide” assets from the court under any circumstances.
Need Help With Post Judgment Collection? Contact Hanna & Jarbo.
Hanna & Jarbo’s judgement collection lawyers are the most effective in the Midwest. With a staggering 85% success rate in all collection cases, we’re the best debt collection lawyers in Michigan. Hanna & Jarbo never charge clients out of pocket until their debt is collected in full.
By setting up a free consultation call with Hanna & Jarbo, you can immediately begin to collect the unpaid debts that have evaded your efforts thus far. Our extensive experience in specialty practice areas also guarantees we have the skills needed to provide results for you.
Specialty Practice Areas
- Supplier Account Receivables
- Returned Checks (including charge-back credit card payments)
- Landlord-Tenant Debt & Money Judgments
- Charged-off or non-paying commercial credit portfolios
- Construction debts
- Auto loan and deficiencies
- General loans, notes, and credit lines in default
- Secured and unsecured judgments or liens
- Foreign (non-Michigan) judgments
- Mortgage/Land Contract deficiencies
- Other commercial paper receivables
What Does Working With Us Look Like?
Working with Hanna & Jarbo is quick, easy, and comes with no costs if we don’t collect.
1. Set up a free consultation call. We’ll explain everything you need to know about debt collection
2. Give us your debtor’s information. We need to know what to collect. Invoices, IOUs, leases, or promissory notes. Whatever you’ve got, we can use it.
3. Sit back and relax. You don’t have to do anything further while we track down and collect your debt. We’ll do whatever is necessary to get your money back.
Contact Hanna & Jarbo To Start Getting Repaid Today
Sick and tired of debtors dodging your calls? Ready to get a good night’s sleep instead of conducting legal research on your own? Contact Hanna & Jarbo to take the stress out of post judgement collections while working on your behalf to guarantee total repayment.
Pursuing post judgement collections in Michigan? Reach out to us at: 1.248.209.6486.
Do you prefer online communication? Send us an email at: contact@hannajarbo.com
Payday is only one call away. Your consultation call is entirely free, and we never charge you money until your unpaid debt is fully collected.