Many people know that they can take another person or business to court to right a wrong and win a judgment. But what do you do when the other party does not pay up? Prevailing in your lawsuit does not guarantee you will actually be paid. It may be necessary to retain an attorney to collect the judgment for you.
STRICT COMPLIANCE WITH THE LAW IS NECESSARY
Minnesota’s judgment collection laws are complex and require the person attempting to collect a debt to follow strict rules. The judgment debtor (the person who owes money) is afforded numerous protections designed to prevent unfair collection practices. Unfortunately, those protections make collecting a debt difficult for the judgment creditor (the person to whom money is owed). The judgment creditor must be aware of the many notice requirements and potential pitfalls that could cause unnecessary delays or even sanctions.
GARNISHMENT AND COLLECTION
A common method of collecting a debt is through garnishing a debtor’s wages. If the debtor is employed and certain minimum pay requirements are met, the creditor can serve their employer with a garnishment summons (a legal document) requiring the employer to withhold up to 25% of a debtor’s disposable pay.
Another powerful tool in debt collection is the ability to garnish a debtor’s bank accounts. Similar to garnishing a debtor’s wages, a creditor can serve a garnishment summons directly on the bank of the debtor. The garnishment summons can require the bank to withhold money in the debtor’s bank account and turn it over to the creditor to satisfy the debt owed. This is a very powerful tool to collect a debt.
In addition to garnishment on earnings and a financial institution, an experienced collection attorney can locate other property that can be seized and sold to satisfy any outstanding debt.
DEDICATED TO COLLECTING YOUR JUDGMENT
Judgment collection has strict rules that need to be followed. It is important to contact an attorney before attempting to collect any judgment. A mistake in complying with the rules could cause undue delay or even fines. Tentinger Law Firm has experience in collecting judgments from both district court and conciliation court (often referred to as small claims court) and provide collection services on a competitive contingency basis. Contact Tentinger Law Firm today to take the next step in recovering your judgment.