How Do I Collect My Money?

The small claims court cannot collect your money for you, but the clerk or small claims adviser can tell you about some ways to do this yourself. Some just hire a debt collection agency.

For example, you may be able to have the defendant’s wages “garnished.” This means that the person’s employer gives you part of the defendant’s wages each pay day until the debt is paid. To collect your money this way, you must find out where the person works-, be sure to get the name of the company and its full address, including the county. Then, ask the small claims court clerk for a Writ of Execution and fill it out. When the court issues this writ, the sheriff or marshal will deliver it to the debtor’s employer.

If you know where the defendant banks, the small claims clerk can issue a Writ of Execution that the sheriff or marshal takes to the bank. You need to know the name of the bank, the full branch address and the county. The bank will pay you what is owed, if there is enough money in the account.

A Writ of Execution also can be used to “attach” or take certain kinds of personal property, such as stocks, bonds and the contents of a safe deposit box. After this property is collected, it can be sold in order to pay the money that you are owed.

Not all personal property can be taken. The defendant can file a Claim of Exemption to protect the ” necessities of life,” possibly including a house, car, clothes and some wages.

The cost of a Writ of Execution – as well as the amount that the sheriff or marshal charges to deliver the writ – can be added to the amount that the defendant owes you. You also are entitled to interest during the time it takes to collect.

If you do not have the information you need to collect your money, you can make the defendant come to court and answer your questions about wages, the employer’s location, bank account, personal property and real estate. Contact the small claims adviser for information about how to schedule this hearing.

Remember: The judgment is good for 10 years, and you can renew it if you still have not collected the amount you are owed. But, in many cases, the longer you wait, the harder it is to collect the money.

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Know Your Customer: Good Business Tips

Running a business can be hard. A lot of the time it is necessary to hire a debt collection agency for help collecting money that is owed. However, if companies take a position of prevention, they may not require using the assistance of a third party collections agency. Knowing the client or customer can be extremely useful for filtering out potential problems.

First, a business should determine the full legal name of the customer that it plans to do business with. Find out the type of business structure. Is it a corporation or a partnership? The names, addresses and titles of the principal members should be collected.

It is key to find out the federal employer tax identification number. The telephone number, ship to address, name, fax number and email address of the main contact should be established as well. Also, the bill to address, fax number and telephone number of the accounts payable contact is a useful piece of information to know. Individuals authorized to submit orders should be listed.

Inquire about the bank references. What is the name of the bank? The branch address, fax and telephone numbers, account types, account numbers and dates opened can be useful information. The name of the bank representative should be collected also.

Finally, the terms and conditions of sale should be acknowledged and accepted by the client\’s signature. The customer\’s signature, printed name, date of signing and title should be collected, and always have the company\’s lawyer look over any documents before use.

Be aware of the customer\’s credit history and keep decent communication through phone calls or personal visits. Keep an up to date delivery of goods and services, and up to date records and accounts receivable information. Mail out memos and letters to remind the client about the money owed and keep them up to date.

Join an industry credit group and participate actively. It is crucial to know the laws in the state that the company is in regarding collections and business proposals. To protect the company, it is crucial to collect references. Bank references, including the bank name, branch, account type, account number and trade references are important to know. Collect three trade references at least that include the name, address, telephone number and email addresses.

Mallory McGuinness is employed by a debt collection company. Also she writes stories about finance and business, consumer spending and debt collection.