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Court Judgements
Most collection agencies in the United States
hire outside collection lawyers. These collection attorneys frequently have
considerable experience in debt collection lawsuits.
First, the lawsuit is filed with the court. Then, the debtor must be
notified of the lawsuit by having the court documents served upon him or
her, usually in person. The person presenting the documents to the debtor is
usually a process server and usually works for a separate process service
company, to avoid allegations that service was not done correctly. Depending
on local laws, process may also be served by a local Sheriff’s Deputy.
Once the debtor is served, he or she must take some action to respond to the
lawsuit, though the specific type of response depends on individual state
law. If there is no response, the collection attorney will usually request
that the court grant a default. A default judgment is one that rules in
favor of the collection attorney because the debtor did not respond to the
legal notice. Default judgment is almost always granted if the debtor does
not respond to the lawsuit.
Once the collection agency's attorney has obtained judgment, he is empowered
to take action to obtain the money from the debtor. A number of options are
open, depending on the state the debtor is in and the status of the debtor's
employment and assets.
Typically, the
most effective method to collect on a legal judgment is to garnish a
debtor's wages. The court will send or serve an order of garnishment to the
employer. This requires the employer to deduct a certain percentage of the
debtor's paycheck and forward it to the court, which in turn forwards the
money to the collection attorney. Under Federal law, the amount of the
garnishment cannot exceed 25% of disposable earnings or the amount of
earnings exceed 30 times the minimum wage.
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