If you have taken someone to court and you won the case, you may now have a judgment against an individual or a company. The judgment is a legal order to pay the debt, so you should begin to receive compensation for your losses. If only life were that easy!! Successfully judgement execution can be very difficult.
The time that you can execute on the judgment varies by state. For example, you cannot execute on a court ordered judgment in Maryland for 10 days. This delay gives the debtor time to appeal the ruling. After 10 days, you can proceed with judgement execution.
Assuming the debtor still refuses to pay or enter into a repayment arrangement, you can move to garnish paychecks, garnish bank accounts, seize assets, or, under certain conditions, suspend the debtor’s driver’s license, in order to satisfy the judgment:
You will have to file the appropriate legal documentation to collect a steady stream of money from your debtor’s employer. Of course, this assumes that your debtor is employed and you know the place of employment. In Maryland and Washington, DC, after you file the appropriate documentation, the court signs the request and it becomes a Writ of Garnishment or Writ of Attachment. A Writ of Garnishment or Writ of Attachment is a court order to the debtor’s employer to withhold funds from their paycheck and send these funds to you.
Garnish Bank Accounts
Seizing money from your debtor’s bank accounts can be complicated. For this, you need the name of the bank and the name on the account. In addition, you will need to make sure that you adhere to all laws. For example, there are laws which exempt some accounts from collection. Some examples include Social Security and unemployment benefits.
Once you have the appropriate information, you would need to file the proper legal papers to collect money from bank accounts held by your debtor. In Maryland and Washington, DC, after you file documentation to garnish the bank accounts, the court would sign a Writ of Garnishment on the bank or financial institution. The bank would then freeze the debtors bank account.
The laws to seize real and personal property are very complex and may vary by state and municipality.
The attorneys at Kind and Dashoff, LLC are experts at judgment collection. They are available to help you collect your delinquent accounts.