Middletown Collections Lawyers – Judgment Enforcement
The experienced Middletown collections lawyers at McOmber & McOmber, P.C. assist both businesses and individuals in all phases of the debt collection process, including pre- and post-judgment collections. We have experience in recovering all types of debt, including delinquent accounts, unpaid promissory notes and bounced checks. Our attorneys know how to locate assets, review court filings, issue executions and keep track of court timetables so that you no longer have to deal with the frustration and disappointment of attempting to recover an unpaid debt. Our goal is to give you peace of mind while we work to get you what you are owed.
A Full Service Debt Collection Law Firm
Our skillful attorneys utilize cutting edge techniques to locate assets and recover debts, including skip tracing and process service. Some of the collections-related services we offer include:
- Drafting or reviewing contracts to minimize risk of loss
- Counseling business owners on risk management (how to avoid unpaid debts before they occur and how to recover the maximum amount owed)
- Protecting creditor’s rights
- Negotiating settlements for unpaid debt
- Bringing debtors to court for breach of contract
- Enforcing unpaid civil judgments obtained in New Jersey or in other states
How We Enforce Unpaid Judgments
Once you have obtained a judgment awarding you an unpaid debt, the courts provide little help when it comes to actually collecting on the judgment. We employ the following techniques to get you the money you are owed:
- Wage garnishments – Creditors can receive a percentage of each paycheck earned by a judgment-debtor until the judgment is paid in full.
- Bank levies – Creditors can freeze a debtor’s bank account to collect the judgment.
- Seizures and writs of execution – Creditors can seize assets and property of debtors to satisfy the judgment with the assistance of a sheriff.
- Liens – Creditors can place a lien on the real or personal property of the judgment debtor.
- Forbearance agreements – Judgment debtors can execute a new promissory note and provide collateral and a personal guaranty of payment in exchange for the creditor’s promise to forego using some of these other collection methods (e.g. wage garnishment). This may not be an optimal strategy in every case. If you are looking to collect quickly, this may not be the best method. However, in certain cases, this technique can result in a debtor being required to pay you before other creditors (called “priority”).
- Depositions – By conducting a sworn deposition (questioning of the debtor under oath), we can determine the location of their assets.
- Pursue fraudulent third party transfers – Sometimes, debtors transfer assets to a third party (often a spouse, friend, relative or business partner) to hide them from creditors. We can file a lawsuit against the person holding the hidden assets to recover your debt.
What If I Obtained a Judgment Out of State?
If you were owed money by someone outside of the State of New Jersey, and a court in that jurisdiction awarded you judgment, we can help you enforce the out of state judgment through a judgment domestication procedure.