Some debtors are adroit at ignoring written communication like letters or discovery. Their denial seems impenetrable. So we often have to show debtors more concrete proof that we mean business. If the debtor continually ignores us, this could mean working towards an order for the court to have them placed under arrest.View Entry
What you don’t know can hurt you.
We have plenty of tools at our disposal when trying to collect a judgment. An important one of these is post-judgment discovery, which allows us to request documents detailing the debtor’s financial situation.
What many people fail to realize is that the rules of discovery change once a judgment has been handed down by the court. Before judgment, we’re limited in the amount of information we can request.View Entry
Turn the heat up. Then turn it up some more.
You’ve shown the debtor several times now that you mean business, but they’re still not getting the message. Because they’ve ignored repeated requests for information, the court has held them in contempt. For many in this situation, this is the end of the road. When faced with the threat of going to jail, debtors are often eager to resolve matters and you’re able to collect the judgment.View Entry
It all comes down to this: The only way to get the debtor’s attention in debt collection matters is to be the number one item on the debtor’s agenda.
How do you accomplish this? As we’ve said before, you must be the squeaky wheel that won’t go away. If showing your commitment by employing Post-judgment written discovery doesn’t do the trick, the next step might. The Post-judgment deposition is where many debt settlements often occur.View Entry
Sometimes, collecting a debt in Texas is difficult. And you may have experienced this first hand. You may have filed a Texas abstract of judgment. You may have ensured the Abstract found its way into the debtor’s credit score. You may have even obtained a writ of garnishment and began your post-judgment investigation.
So what now? It’s time to make the debtor work. A Post-judgment written discovery does exactly that. It forces the person or company that owes you money to stay active or risk being in contempt of a court’s order.View Entry
You played the game the way it’s supposed to be played. You did your job and you obtained a court judgment. But, you’ve probably realized by now that collecting a debt is hardly a spectator sport.
The debtor may still in fact be playing games, hoping to wear you down or sap your commitment to collect in hopes that you’ll accept pennies on the dollar, or simply go away.View Entry
If you’ve already obtained a court judgment and you still haven’t been paid, you’ve got a stubborn or uncooperative debtor who may need more convincing.
Fortunately, there’s an efficient, tried & true system for collecting debt in Texas. You may have already filed an abstract, which is important, but Texas law offers you many avenues to collect your judgment. Now you may need to take things to another level: The Texas writ of garnishment.View Entry
Raise your hand if – as a lawyer – you’ve had difficulty collecting a judgment once it’s been rightfully handed down by the courts. I am willing to bet that if I asked this question to a room full of my contemporaries, I would I’d see a lot of hands.
This may be hard to believe, but getting your day in court, against someone who owes you money, may not necessarily be your happy ending. Actually, it can often be the beginning of a long and seemingly endless road ahead.View Entry