Collecting on an invoice, loan agreement (written or verbal), or other debt can be a difficult and time-consuming task for businesses or individuals. When you loan a person or a business money, you expect that they’ll pay you what you’re owed (including any interest) and are often counting on that money to move your life or your business forward.
Even if you had an iron-clad contract and you entered into that agreement in good faith, that may not be enough for the defaulting party to fulfil their payment obligations. This is particularly the case when the loan is unsecured against any assets.
Whether it’s a business loan or a personal one, collection can be awkward. Polite requests and a bit of negotiation with debtors (borrowers) may move the needle in some situations, but some borrowers have no intention of ever paying their loans back. In these situation, Kamalie Law can help you recover what is rightfully yours. Our lawyers are well-versed in aggressively pursuing and enforcing debts by using various legal mechanisms available.
Once we obtain a judgment, and if the debtor continues to refuse to pay, we will use all available tools to collect on that judgment, including but not limited to garnishing the debtor’s salaries or bank account, or obtaining a writ of seizure and sale over their property.
Contact Kamalie Law for a free case assessment and consultation.
Most often, businesses and individuals sue debtors for breach of contract (written or verbal), unjust enrichment and sometimes even fraud. The goal is to avoid being involved in a lengthy legal battle, which is what debtors sometimes want in order to continue to delay payment. In most cases, after commencing the lawsuit, an individual/company who is owed money may want to immediately consider bringing a summary judgment motion. A summary judgment motion is a procedure whereby the issues in a lawsuit can be determined altogether without a trial because there is no genuine issue requiring a trial. A summary judgment motion can put an end to the entire case at a fraction of the time and costs of a trial.
At Kamalie Law, we can assist in commencing an action on your behalf and determining whether summary judgment is the appropriate step to take.
In many cases, people lend money to others without having a contract in place. In these cases, if the debtor fails to pay back the funds, the lender can still sue them for breach of contract, unjust enrichment and sometimes fraud. At Kamalie Law, we can assist you compile the relevant evidence required to prove that the loan was made and assist you with the recovery of your funds.
A writ of seizure and sale allows creditors who have a judgment to take a delinquent borrower’s property, whether real estate or personal belongings, and recoup their loans from the proceeds of any sale. This is typically done after a request to a sheriff is made.
A writ of seizure and sale must be filed and enforced within six years of a judgment against a debtor, and there are additional timelines about when a property can be sold following a writ.
Filing a writ of seizure and sale may be a quick way to get debtors moving towards repayment as it effectively places them at a standstill until they repay the debt.
What happens when you have a judgment against a party but have no idea how you’re going to collect whatever money they owe you? Once every twelve months, you have the right as a judgment creditor to conduct what is called a judgment debtor examination, also known as an examination in aid of execution, where you as the creditor have the opportunity to examine the debtor about their ability to satisfy your judgment.
A creditor may examine the debtor’s assets and ask the debtor about any property that they own, their employment income, their banking, any antiques they own, their vehicles, any inheritances they have received, etc. The creditor needs to complete, file, and serve a number of forms in order to make this request.
Attendance at a judgment debtor examination is mandatory and there can be severe penalties and fines if a debtor does not attend.
Debt collection and recovery can be complicated, and it can be incredibly stressful if you do not have experience going through the process. You’re already stressed about the money owed, so having to learn precise court procedures is often an additional headache. Also, some of these procedures require detailed knowledge of processes that most individuals or even small businesses simply do not have on their own.
Chasing after a debtor can be a bit of a chess match, especially if that debtor is trying to be crafty in order to avoid payment. Hire a lawyer who is well-versed in this area and will keep you informed of every move possible in order to help reclaim what is yours. At Kamalie Law we’ve helped our clients through the trickiest of situations, and we would be happy to help with your recovery as well.