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JUDGMENT ENFORCEMENT – COLLECTIONS

We are a judgment enforcement investigation agency that specializes in representing creditors as aggressively as the law allows in matters of judgment enforcement and recovery. Winning the lawsuit is sometimes only half the battle. A determined judgment debtor can evade judgment collections for years. In fact, a judgment will be valid for 10 years and can be valid even longer if it is renewed.

The first step in the collection process is simply to ask the debtor to pay. A letter demanding payment should be sent ten days after judgment has been entered in favor of the judgment creditor.

1. Ask the judgment debtor for payment and work with the debtor, if requested, to ascertain the viability of a payment plan or compromise on the basis of collectibility;
2. If payment is not made or arranged for, attempt to locate the judgment debtor’s assets and sources of income;

If the above steps are insufficient to satisfy the judgment and it is apparent that further collection is necessary… seek professional assistance to enforce collections and ensure payment. At Stryker we aggressively employ our judgment enforcement methods, using every legal means available to attach/seize/garnish those assets to enforce your judgment collection. 

Stryker Investigation Services Inc., operates in full compliance with debt collection laws, and have made substantial investments in technology to provide our clients with the best-in-class access to relevant debtor information, as allowed by the Consumer Credit Protection Act (CCPA), IRS, Federal Trade Commission, US Department of Labor Garnishment Laws. In order to conduct an asset investigation the requestor or creditor must have a permissible purpose. A permissible purpose is defined by a legal right to delve into privileged or private information on an individual or business.

THE TYPES OF ACCOUNTS WE LOCATE

When a bank receives a notice of a levy, they must immediately freeze the debtor’s account. In addition to being unable to make a withdrawal, the bank account is frozen, any outstanding checks or automatic debit card payments won’t clear (unless there are enough exempt funds in the account). A federal law that went into effect in May of 2011 requires that banks receiving a garnishment order for an account-holder who receives federal benefits, review their deposits for the last two months to determine if any of these funds were deposited, and are thus exempt. By Federal Law, a bank must wait 21 calendar days after a levy is served before sending payment. The Sheriff holds the funds for 20 more days and then releases on the next business day. Of course under ideal circumstances the depositor(s) can waive this waiting period.

Enforcing judgments often requires additional resources and efforts when the assets lie outside the jurisdiction of origin. As a judgment collection investigation agency, we offer our services to judgment creditors and their counsel to domesticate Sister-State and Foreign Judgments, to the state where the assets are located.

 In 1798, Charles Wentworth was sentenced to three days in jail for failing to pay his merchant on a past due bill of $.98 for the purchase of three chickens. In 1817, Michael James was sentenced to six days in jail for failing to pay his bar tab totaling $1.89. In 1847, Ronald Henderson did not pay $2.47 for grooming services on his horse and was sent off to prison for three days. These incidents were commonly told in local papers as true stories of the day. Lacy Katzen LLP

One cannot be “thrown in jail” for failing to pay a money judgment. However, the same does not hold true when an individual fails to comply with an enforcement proceeding in an attempt to collect on a money judgment.

Citations:

Federal Statute: Title III, Consumer Credit Protection Act (CCPA), 15 USC, §§1671 et seq. / Code of Federal Regulations: 29 CFR Part 870 / Explanatory Brochures and Regulatory Materials Online: www.dol.gov/whd, www.wagehour.dol.gov / U.S. Wage and Hour Division: Fact Sheet #30 – The Federal Wage Garnishment Law, Consumer Credit Protection Act’s Title III (CCPA) / Field Operations Handbook – 02/09/2001, Rev. 644, Chapter 16, Title III – Consumer Credit Protection Act (Wage Garnishment)

Asset Searches and Related Investigations by a Private Investigator can legally be conducted Nationally