Wage Garnishment in a Debt Collection

Wage Garnishment Attorneys

Creditors have a number of options available to them when trying to collect on an unpaid debt. Perhaps the most frequently used involves the garnishment of wages. In cases involving post-judgment collection, a request for wage garnishment can be filed with the court. There are, however, certain requirements that must be met before wage garnishment can begin or be productive. First, the debtor must be a wage earner with a certain level of income. Secondly, wage garnishment is only in effect for a limited amount of time. Additionally, other factors come into play if the debtor files for Chapter 7 or Chapter 13 bankruptcy. Typically, in Chapter 7 bankruptcy, unsecured debt is wiped out; as such, it is highly unlikely you’ll recover anything if a debtor files for Chapter 7. Since debt is reorganized in Chapter 13 bankruptcy, if you file a claim with the court-appointed trustee, you stand a better chance of recovering some or all of your debt.

If you are interested in pursuing wage garnishment against a debtor, contact debt collection lawyers at the Law Offices of Caudle, today to learn what is involved and how we can help you.

Wage Garnishment – When the Debtor Disappears

It’s not uncommon for debtors to simply disappear and not leave a forwarding address. However, our office has a number of resources it employs in order to find debtors. Working with powerful internet search engines linked to extensive databases and our in-house private investigator who is extremely well-versed in the art of “skip tracing,” as well as our own database of debtors compiled over 38 years allows our investigative team to cross-check addresses, phone numbers, employers, and a number of other factors in order to locate debtors. In the vast majority of cases, skip tracing allows us to locate people and initiate wage garnishment proceedings in a matter of minutes.

Wage Garnishment and other Debt Collection Issues

In cases where a debtor has other financial obligations such as child support payments, a wage garnishment may take a second place in order of preference. Here, you may receive something but it may be less than the full amount, depending on the financial situation of the debtor. An interrogatory proceeding may become necessary to get around this temporary roadblock. If a debtor owns a business but claims it is insolvent or is headed towards receivership, we can consult a forensic accountant or business evaluator to determine any available assets to settle the debt owed you.

Contact Wage Garnishment Attorneys at Caudle Law Firm Today

In addition to wage garnishment, there are a number of other options available for collecting unpaid debts. In some cases, a property lien may be necessary or property seizure itself. If a debtor has recently transferred a home title to a spouse or other family member, we can initiate legal proceedings to have the title transfer reversed. Additionally, in the state of Florida, a debtor can file a homestead deed in order to protect up to $5,000 from creditors; an additional $500 can be claimed for each dependent as well. In most cases, however, a debtor has assets in excess of $5,000 – assets which are not thereby exempt from collection actions.

If you have questions about wage garnishments, homestead deeds, or property liens, contact debt collection attorneys at Caudle Law Firm to learn more about our practice and how we can help you.