Aaron Bruner, Attorney at Law
Avail legal help when needed by contacting Aaron Bruner Law, a business acquisition lawyer at his law firm in Tulsa and Broken Arrow, OK. You may avail of services including personal injury, auto accidents, expungement, foreclosures, demand letters, asset locations, legal services for new business acquisitions and setup, etc. If you want to hire a trusted & experienced dental acquisition lawyer in Tulsa, OK, then this is the place. Schedule an appointment today!
Aaron Bruner is a personal legal advisor and attorney-at-law in Tulsa, Oklahoma. He is a University of Oklahoma alumna and earned his law degree from the Oklahoma City School of Law. Aaron was the 2016 secretary of the General Practice Solo & Small Law Firm Section of the Oklahoma Bar Association. He was the director of the Metro Tulsa Civitan Club in 2017 and is currently a Rotary Club member. As a recognized business lawyer in Tulsa, Aaron is committed to providing his clients with the best legal consultation services and has their best interests at heart.
If you've gone to court and won a judgment against someone who owes you money, collecting on that judgment can often be an uphill battle. Both individuals and businesses can run into roadblocks and frustrations when trying to recover owed funds from uncooperative debtors. Here are some of the most common challenges faced during the judgment collection process.
How do individuals initiate the judgment collection process?
Once they've obtained a legal judgment through the courts, the first step individuals need to take is to provide the debtor with written notice of the judgment and demand for payment. This official notice informs them of the judgment amount entered against them and your intent to collect.
If payment still isn't received, you'll need to research assets and property owned by the debtor that could be seized or garnished to fulfill the debt. This typically requires finding their bank accounts, employment information, real property records, vehicle registrations, and other assets.
What challenges do individuals face when dealing with uncooperative debtors?
Even after you provide notice and begin research into assets, uncooperative debtors often go to great lengths to avoid paying judgments. Some of the roadblocks individuals typically encounter include:
Debtors ignoring notices and phone calls demanding payment
Inability to locate debtor's employment or accounts to garnish wages/funds
Debtors moving assets or property out of their name to protect from seizure
Proving and establishing ownership of certain assets for seizure
Navigating complex garnishment and property seizure processes
Lack of cooperation paired with legal restrictions can make it very difficult for individuals to collect on their own successfully.
Are there legal limitations on the methods individuals can use for collection?
Yes, federal and state laws place restrictions on how individuals can go about collecting judgments. For example:
Harassing or threatening debtors is illegal. All collections must be civil.
You cannot attempt to collect more than the total judgment amount awarded by the courts.
Wage garnishments are limited to a maximum percentage of disposable earnings.
Detailed processes must be followed to seize and sell property, levy bank accounts, etc.
Navigating these processes and restrictions with professional help can be easier for individuals seeking to recover owed funds.
How can businesses effectively overcome similar challenges?
Businesses trying to collect from unresponsive debtors face many of the same hurdles as individuals. To improve chances of successful debt collection, businesses can:
Hire dedicated staff or an in-house department to handle collections.
Utilize collection technology and software to identify assets/pressure debtors.
Establish detailed processes for legal notifications, asset seizure, and escalation.
Seek counsel from collection attorneys and agencies.
Maintain meticulous records and documentation throughout the process.
Collecting judgments often requires significant time, planning, and resources for businesses.
When does hiring a professional judgment recovery company become necessary?
If all internal collection efforts fail, partnering with a local debt collector in Tulsa may become the best path forward. Agencies have extensive experience:
Locating debtor employment/accounts and executing garnishments
Researching real property ownership and coordinating sales/auctions
Identifying transfer of assets and piercing veils
Completing required legal filings and notifications
Negotiating reasonable payment arrangements
Their expertise in collection laws and methods can give individuals and businesses the highest chance of securing what they are rightfully owed.
In summary, the lack of debtor cooperation and complex legal procedures make judgment collection difficult. Seeking counsel from legal experts like Aaron Bruner Law can help improve the chances of recovering owed funds. Don't let unresponsive debtors evade legal judgments - seek assistance to collect your debts.
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