What is Judgment Recovery and Enforcement?

Enforcement of judgment (also called recovery of judgment) : The processes by which the orders of a court may be enforced. Orders for the payment of money may be enforced by a variety of methods, including a writ of fieri facias (in the county court, a warrant of execution), garnishee proceedings, charging orders, the appointment of a receiver, a writ of sequestration, seizure and liquidation of assets, and (rarely) an order of committal.

Need More Clients? Atlanta grows to 33rd largest U.S. city

Atlanta was the 33rd largest American city in 2009, according to data Tuesday from the U.S. Census Bureau. All figures in the new Census Bureau report are solely for cities, villages, and other incorporated places — and are not for metropolitan areas as a whole.

The Big Peach had an estimated population of 540,921 in 2009, compared with 537,385 in 2008.

Atlanta added 122,098 residents between 2000 and 2009 for a growth percentage of 29.2. It was the 40th largest city in 2000.

New York City, with an estimated 2009 population of 8.39 million, easily remains the largest city in America. It’s followed by Los Angeles (3.83 million), Chicago (2.85 million) and Houston (2.26 million). All hold the same ranks now as in 2000.

Results of the 2010 census, which was conducted in April, will not be released until early next year.

New GA Texting Law effective July 1, 2010

This statute makes it illegal to write, send, or read text messages when driving. It also applies to reading texts while at a traffic light or when the vehicle is idling. Pass this along to friends and family. Remember that if you are involved in a car accident while violating this law and someone is seriously injured, the ambulance chasers are really going to come out of the woodwork and, in litigation, the defendant will be subject to a claim for punitive damages (a very bad thing). Here is the wording of the law, including details and exceptions:

40-6-241.1.
(a) As used in the Code section, the term 'wireless telecommunications device' means a cellular telephone, a text messaging device, a personal digital assistant, a standalone computer, or any other substantially similar wireless device that is used to initiate or receive a wireless communication with another person. It does not include citizens band radios, citizens band radio hybrids, commercial two-way radio communication devices, subscription based emergency communications, in-vehicle security, navigation devices, and remote diagnostics systems, or amateur or ham radio devices.
(b) No person who is 18 years of age or older or who has a Class C license shall operate a motor vehicle on any public road or highway of this state while using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data.
(c) The provisions of this Code section shall not apply to:
(1) A person reporting a traffic accident, medical emergency, fire, serious road hazard, or a situation in which the person reasonably believes a person's health or safety is in immediate jeopardy;
(2) A person reporting the perpetration or potential perpetration of a crime;
(3) A public utility employee or contractor acting within the scope of his or her employment when responding to a public utility emergency;
(4) A law enforcement officer, firefighter, emergency medical services personnel, ambulance driver, or other similarly employed public safety first responder during the performance of his or her official duties; or
(5) A person engaging in wireless communication while in a motor vehicle which is lawfully parked.
(d) Any conviction for a violation of the provisions of this Code section shall be a misdemeanor punishable by a fine of $150.00. The provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof.
The court imposing such fine shall forward a record of the disposition to the Department of Driver Services. Any violation of this Code section shall constitute a separate offense."
SECTION 6.
This Act shall become effective on July 1, 2010, and shall apply to offenses committed on or after such date.

Client Debt Management Tips for Your Business

Do you have a deadbeat client? You don’t have to lose sleep or money.

Here are some tips for client debt management reduction so you can collect what’s rightfully yours.

You need a client debt management reduction plan to deal with those instances when a customer keeps giving excuses or refuses to pay you.

When you’re not sure if your client doesn’t intend to pay you, try the first following ideas. Perhaps there is a misunderstanding or your debtor may be going through rough times and you could loose a potential good client. As your invoices become more past due, you can use more pressure. Here are some helpful procedures to follow:

• You should call the customer directly, instead of sending him/her e-mails, invoices, etc. and create a sense of urgency.

• Be precise with your client. You must give him/her a definite deadline for payment in full.

• You may want to offer your client a payment option: cash or check.

• Also, you could use a third party as an excuse. Tell your client that you need the money to pay one of your suppliers or service providers.

In case these tips to collect your client debt don’t work, then go to the next level:

• Become a nuisance to your client. Send frequent e-mails, letters, faxes, calls, etc., and let him/her know you’re not going to give up easily. This annoyance may be incentive enough to pay you.

Client Debt Management Reduction Services

• After you have exhausted all these resources, you can hire a collection agency (they charge between 35-50% of the amount owed to you but that’s better than nothing) or file a claim in court to get a court judgment against them. At that point you can hire a judgment recovery firm (they do not charge you anything but work on a 50% basis, meaning they will earn 50% of what's recovered, which is also better than nothing and judgments have many more options and are more likely to be recovered than collections).

• Remind your client that the BBB tracks late payments through collection agencies, and this will affect his/her credit.

• When the dollar amount is not too large, small claims court is a great option. You need to file a small claims action for a small fee and the court will set a date to hear your case. Sometimes just filing the case will urge payment. Remember when you file a claim, all legal fees can be recovered - you just add it to the overall total of monies owed.

Now that we’ve covered some ideas to collect client debt, here are some other ones to prevent this from happening:

• Your first step is to do a credit check on your prospective client by calling the accounting office and ask for a list of his/her regular vendors. When this is not possible, ask your client to complete a credit application form.

• Then, you may request a 50% deposit in advance and the balance due upon delivery.

• You can use a check guarantee service. Telecredit charges a small percentage for each check and although they have a monthly minimum, you don’t have to process all your checks through their service.

• You may include a delinquent interest on overdue accounts as part of your payment agreement. This is legal if you include it in your written agreement or credit application.

• When you have doubts about a prospective client, request full payment in advance.

• If you have a client in-take or new client form, ask clients to provide their SSN # (or EIN # if a business), current physical address if different than their mailing address, and a copy of their driver's license or business license. These items will come in handy should you need to proceed with collection or judgment efforts.



Hopefully you won’t have to use any of these methods to collect money from negligent clients. Remember, your best protection is prevention. However when the client can’t or won’t pay, you deserve to collect what is rightfully yours.

http://www.DedicatedSolutionsGroup.com

State Amendments on Court Fees Would Hurt Large Debt Collection Law Firms

Proposed amendments to a Massachusetts economic development bill would increase the limit on small claims and court costs for filing lawsuits there.

One observer says the bill would impact large collection agencies and the attorneys who have made a business out of taking debtors to court, while leveling the playing field for small collection agencies. But another ARM legal expert says the proposal also will hurt small businesses and consumers.

The amendments in Senate Bill 2345 increases the maximum amount for a small claim from $2000 to $7000 and ties court costs to the number of claims filed in a year by one party or firm. Specifically, filing fees will increase from a maximum of $40 to $75 per case for the first five cases any party has filed during a calendar year. One hundred fifty dollars will be charged any person or firm that has previously filed 10 claims during the year, and $240 will be charged to plaintiffs that have previously filed 100 or more cases.

The Massachusetts Senate has already unanimously approved the bill known as the Economic Development Reorganization Act, which is designed to stimulate the state’s economy by streamlining government processes. The Senate’s proposed state budget also reflects the changes, though the final budget may not if the House doesn’t approve the bill, said Kara Keefe, spokeswoman for the Senate Ways and Means Committee.

Keefe said the House Ways and Means Committee has yet to unveil its version, but is expected to take up the before the session ends July 31.

Martin Ervin, of Hull, Mass.-based ARM firm Ervin Family Investment, favors the proposal because he believes smaller agencies like his stand to benefit if a volume-based court fee system is adopted. He said fewer small claim cases would be filed in court and small businesses will opt to place more of their delinquent accounts with debt collection agencies earlier.

“They will place an account a lot sooner with agencies that have the time to handle their account, rather than with agencies that score the accounts and only work those accounts that will benefit them,” Ervin said.

Ervin said that a lot of accounts being litigated nowadays are less than 60 days old. He said more creditors who can’t collect themselves are going directly to attorneys or law firm-affiliated collection agencies that file suit after a few attempts to reach the debtor. But he said that is not helping clients because “a lot of judgments can’t be enforced because people don’t have the money.

“I think that’s more so now because people don’t have the money to pay,” he said.

Ervin said more effort should be put into trying to reach consumers, find out why they can’t pay, and negotiate some agreement or payment they can afford.

“I’ve talked to clients who told me that they never got a call or that the (collection) agency never got back to them. If (some agencies) didn’t have such a sweat shop mentality, they’d potentially work with people. We forget that the people we are collecting from are no different than we are.”

Kenneth Wilson, president of the Massachusetts Creditors Bar Association, agreed that every attempt must be made to reach and negotiate payment terms with consumers. And he said more accounts are going to court pre-charge off. But he said consumers’ refusal to communicate with creditors, formally or informally, is the reason more cases are litigated.

“If a person doesn’t respond sometimes we’re left with no choice but to file a legal action to try and collect,” Wilson said. “Sometimes the first time we actually get to talk to (a debtor) is at the court house.”

The proposed volume-based court fee structure is not the solution for less legal action. He said the Massachusetts Creditors Bar Association is trying to educate state lawmakers about what the industry does and its impact the economy.

Wilson said his firm, Lustig, Glaser, & Wilson PC of Needham, files between 35,000 and 40,000 cases each year. But it won’t be greatly impacted by the proposals because only about 10 percent of those cases are small claims. He said his firm will move some cases to civil court where filing costs are similar and clients won’t forfeit their right to appeal.

However, he said small businesses will lose revenue they can’t afford to recoup costs through the courts and debt collection firms that litigate the bulk of their cases in small claims court would suffer, too.

“Some firms are 90 percent small claims,” Wilson said. “They would have big problems.”

So would consumers because Massachusetts law charges court costs to the losing party and most consumers lose their small claims by default for not showing up to court or not providing sufficient evidence to refute the claim.

“It’s not fair to the consumer that was sued later to end up with a larger judgment (because of court costs),” Wilson said.

Even if the House and Senate don’t agree on a version of the bill before the legislative session ends July 31, Wilson said some version of the tiered court cost filing structure is likely to be introduced during the next session.

“More than one legislator has proposed it so it’s unlikely to go away,” he noted. “They will reintroduce it. This is an ongoing fight.”

by Cynthia Wilson / insideARM.com /June 17, 2010

How Judgment Enforcement Services Work

For plaintiffs in a court case who’ve been awarded damages or have received a settlement, there is nothing more frustrating than finding themselves unable to collect on their claim. Deadbeat defendants can find a number of ways to avoid paying what they owe. Often they’ll hide their assets in secret bank accounts or real-estate holdings that the court is not aware of and claim bankruptcy when it comes time to pay. When someone is faced with an uncooperative defendant, often their only option is to turn to a judgment recovery specialist.

These men and women in the judgment recovery business are able to help those with little legal recourse to claim the money they are owed. There are a number of ways to claim the money owed through a civil judgment. In many ways, judgment enforcement agents are like private detectives. They will search through a business or individual’s assets to discover any hidden caches of wealth that should have been disclosed and paid after the trial.

Judgment enforcement services work through a national database and are all properly certified for their jobs. By being a part of these agencies, they have access to special databases that provide pertinent information that can be used to help render services for their client. By using these tools in addition to a little legwork, some of the best judgment enforcement services are able to quickly and efficiently recover unpaid civil judgments.

Sometimes, a client might need their money immediately. The circumstances that required the civil suit in the first place have taken a toll on their finances and they are in desperate need of relief. In instances such as these, many judgment enforcement services will offer to purchase the sum of the settlement for a price that is slightly less than original payment. However, clients will have this money immediately to do with what they wish and never have to worry about the slow trickle of garnished wages or wait for necessary legal action to take place.

Be aware that judgment enforcement services often have their hands tied by a statute of limitations. These vary from state to state, but all have a length of several years. Plaintiffs who have been waiting an unreasonable amount of time should immediately contact a judgment enforcement service so that they don’t miss out on the opportunity to ever collect on their judgment.

Once a plaintiff is in contact with a judgment recovery service, payment will depend on the particular company they do business with. Some may take a percentage of the total amount of the judgment recovered while others might charge a flat fee. Whatever option the client chooses, they’ll be sure to find themselves significantly richer themselves due to the hard working individuals at the judgment enforcement agency.

Article Source: Al-Rakeesh Alexander from EzineArticles.com

Collection Law Firm Victorious Against State in Supreme Court Case

The Georgia Supreme Court recently upheld a lower court ruling that the state’s attorney general’s office, acting on behalf of the Governor’s Office of Consumer Affairs, overstepped constitutional bounds in demanding documents from a law firm practicing debt collection in the state.

Georgia’s Office of Consumer Affairs (OCA) was investigating Frederick J. Hanna & Associates (FJH), based in Marietta, Ga., following consumer complaints about the firm’s debt collection practices. OCA requested files from FJH in their investigation, which FJH refused to hand over. OCA then had the state attorney general file a lawsuit against the company to compel them to cooperate.

Fred Hanna, CEO of the company, said that his firm had offered to turn over all files for cases in which there was a consumer complaint, but the OCA had requested all files, which would include thousands of cases.

“They were taking the shield law used to protect consumers and turning it into a sword to attack me,” Hanna said. “There are already enough laws to protect debtors.”

A lower court agreed and denied the state’s request for the files, stating that because FJH’s day-to-day operation directly involves the practice of law, and because the investigative demand directly impacts their practice of law, that demand is an attempt by the OCA to regulate the practice of law and constitutes an impermissible interference by the executive branch into the exclusive jurisdiction of the Court in violation of the separation of powers doctrine.

On June 7, the Georgia Supreme Court upheld the ruling. The seven-justice panel was split on the decision 4-3.

Even with the success his firm had against the state, Hanna expects lawsuits against collection firms to continue to multiply as plaintiff attorneys look for cases that are difficult to fight. Many law firms that pursue collections do so throughout the country, Hanna explained.

He noted that it is very costly to fight a case filed in a different jurisdiction, like Hawaii. These cases would dry up quickly if laws were changed to require filing of cases wherever the collection firm is domiciled, Hanna said.

Hanna doesn’t expect a further appeal of the case because he doesn’t see any federal implications. Yet he says that other debt collection law firms in other states, if they have similar laws to Georgia, might be able to cite this case if they face similar circumstances.

“Every lawyer in state of Georgia should be thanking Fred Hanna for taking on the state government on behalf of law-abiding lawyers,” said John H. Bedard, Jr., managing partner of Bedard Law Group PC, Duluth, Ga. “He did not yield to the tremendous pressure that a state can put on a defendant.”

It’s very easy to sensationalize the behavior of “a few bad actors” in the industry, Bedard added. “Fred is not one of them. The state court has vindicated Fred. Every lawyer in the state owes him a debt of gratitude.”

Even though Hanna won the case in the state’s highest court, Bedard expects state officials to continue aggressively pursuing cases against collection firms, because such cases make good political press.

“There is no need for more regulation of law-abiding collection firms, but unfortunately, politicians get a lot of mileage out of reporting to their constituencies that they’ve taken on a wrong-doer and collection agencies are erroneously targeted. It makes a lot of headlines.”

The coverage tends to be one-sided, according to Bedard. “The articles paint us all with the same sort of brush. No one reports about the good collection firms do for consumers. Law-abiding firms help consumers dig out of their financial problems. They help consumers save their homes, save their automobiles protect their credit and get their financial affairs in order. The public needs to know all of the good that the industry does – helping keep children in school, clothes on their backs and food in their mouths. The industry delivers an estimated $39 billion back to the economy. That benefits everyone in the country.”