Get Back What is Rightfully Yours in Small Claims Court

If you know you have a strong case, and would like to recover something that is rightfully yours, then perhaps you should consider filing a claim with small claims court. You should ensure that you gather as much evidence as you possibly can. This is mainly what the judgment is going to be based on. If you can show the judge that you were in the right, then you may end up winning your case. If you have any witnesses that you may want to add to your case, then this would be something else you should consider if you feel it is necessary. The bottom line is that you are well prepared in terms of your evidence, argument and witnesses to ensure the most positive outcome possible.

Small claims court is the best way to go for those people who want to reclaim what they believe belonged to them in the first place. If you have any questions about the process, it is always best to do some research on your own so that you get a much clearer picture of how to best go about it all. It will not take long for you to plan out, but you should do the best that you can so that you can turn it into a big success. However, if you have neither the time, money nor the resources to proactively recover debt that you are owed in small claims court then you should undoubtedly hire a collection agency that is best equipped to handle this type of issue for you. The best part is, if they do not collect, you owe absolutely nothing!

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Sueing in Small Claims Court

There are many times when small claims court judgments have to be made with regards to payments that are owed or bills that are not being paid. However, the smart thing to do is to get a collection agency involved. Collection agencies are experts at recovering upaid debts. They are able to successfully complete the process much more expeditiously and professionally. While small claims court can be thought of as a last resort, it is probably better to simply go with a collection agency to begin with.

If you are having trouble with an individual or a company that is not paying bills on time, then you might have no choice but to contact a collections agency. What they will do is contact this person, or organization, on your to begin the debt recovery process. The debtor will be given a deadline to either pay the full amount or arrange some sort of payment plan with the collection agency. Typically, cases are resolved at this juncture. However, in the off chance that this does not work out, the collection agency will take other measures to retrieve the money. Threats with respect to someone’s credit score/financial standing are always helpful, not to mention the threat of being sued also prompts most people to action.

Collection agencies are extremely useful because when they get involved it does not mean that the threat of legal action has yet begun. At times, starting legal action can be counterproductive. Those who owe money sometimes become more reluctant to pay and disregard court notices. People respond better to collection agencies, as they are worried about the POTENTIAL of a lawsuit or their credit score dropping as a result of nonpayment of bills.

Another positive aspect regarding collection agencies is that they assume the responsibility of the entire process. You, as the company, no longer need to concern yourself with repeatedly calling this person. It is far easier to allow a professional collection agency to do their job and wait for them to recover the debt that you are owed.

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Small Claims Basics

Small Claims Basics are a subject that could fill numerous textbooks. Each case presented in a Small Claims Court has its own unique character traits. The fundamentals of a small claims case that is provable to a Judge or magistrate needs to fit certain criteria. First, it is imperative that information like the defendants name, address, physical location and the defendant themselves be under the jurisdiction of the Small Claims Court you choose.

A Small Claims action is filed through a very simple process of written form with the court, outlining the allegations and damages that are requested from you, the Plaintiff. The Clerk of Court types your written complaint into a formal complaint. The complaint is then attached with a seal from the Courts Clerk and three copies are presented to you for inspection. Be sure to inspect all documents for accuracy. Once you are satisfied with the wording, you will sign the formal complaint and a date for trial will be set.

At trial, you will present all of your records, receipts and supporting documents to the judge. The Defendant will also do the same. Witnesses can be called from both parties to testify for or against parties. The Small Claims judge will hear all sides of the claim. Upon hearing all testimony and examining all witnesses presented, the Small Claims Judge will render a verdict. If you as the Plaintiff are found in favor , you will receive a monetary award of Judgment from the Courts.

Collecting these types of judgments will usually take the services of a Licensed Collection Agency, specializing in collecting these types of debts. Collection agencies that deal with Small Claims Judgments often do not require any up-front fees to collect. Often, a percentage is taken out of the recovered Judgment against your debtor. Sometimes a Collection Agency will add a fee onto the actual Judgment and charge the debtor the original judgment debt. and all costs to utilize the services of the Collection Agency.

Debtors that are pursued and coerced to pay outstanding Judgments by a Licensed Collection Agency stand a better chance of paying their debts. Plaintiffs who try to pursue a judgment and enforce it on the Debtor usually end up with more hassle than the debt is monetarily worth. Collection Agencies are always the best choice to collect a Judgment.

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What are Small Claims Courts?

What are small claims court and how they function can be defined as follows:

Small Claims Courts are limited Judicial Courts. Limited means that the power of the court is governed by state and local ordinances that apply exclusively to that jurisdiction. Judges, Magistrates, and Pro-tem that are training to be in Courts of higher authority staff them. Small Claims Courts are also courts that allow citizens to lodge complaints of limited financial liability to have their cases heard before impartial parties.

To file a claim an individual or party files a written affidavit with allegations against the Defendant. The Court Clerk then sets a day for the trial to begin and three copies are presented; one to the Plaintiff, one to the Defendant, and one to the presiding Judge or Magistrate. Before your case is heard, the parties named as Defendants, must be notified by legal service. The local Sheriff serving a notice of the trial date and alleged allegations on the Defendant generally accomplishes this task. The Defendant can respond by pleading their defense before the Judge or Magistrate on the court date set. Both parties then appear in court and show good cause as to why their evidence is correct and the other party’s allegations are false. After the presiding judge hears both parties, they will then make a decision. This is an, “Entry of Judgment.” If the Judge finds in favor of the Plaintiff the judgment has a monetary value set by the Courts. Enforcing the Judgment can sometimes be a problem.

The simplest way to collect and enforce a Judgment is by using the services of a Collection Agency. Collection Agencies are skilled in the complex nature and laws that pertain to the Judgments Liability. Collection Agencies also allow the Plaintiff to see a fair and honest enforcement of the Judgment outline that is to be delivered against the Defendant. Often, defendants get away without paying or settling the financial debt brought against them from Plaintiffs because of the Plaintiff generally is unaware of how to legally to make the Defendant satisfy the claim.

Mistakes can be made, and this can result in very serious problems for the individual who tries to enforce the Judgment without knowing the legal way of doing it. Years of experience and knowledge is placed at the disposal of the individual plaintiff who chooses to utilize a Collection Agency, instead of going it alone. The problem of being sued for trying to get your money owed by a debtor is no longer a factor. The Collection Agency handles all issues related to your claim. Settlement is often achieved after very little contact from the Collection Agency to the debtor. The reasons the debtor responds favorable can be attributed to the fact that when you use a Collection Agency the debtor knows you are serious about getting your money.

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Default Judgments, What to Do When the Debtor Won’t Pay

Once in awhile, some customers dislike paying their bills and subsequently refuse to pay what they owe. These customers can significantly hurt a company’s profit, making it much more difficult to succeed in an already difficult economy. Fortunately, businesses do not have to sit back and allow irresponsible customers to take advantage of them. There are steps that companies can take to recoup from their losses and collect what they are owed.

After weeks, or even months, of attempting to recover payment from an unresponsive customer, it is time to take action. A customer that is impossible to contact, does not respond to written correspondence and has failed to send payment after having ample time to do so, does not intend to pay their bill. Most companies are simply not equipped to deal with these types of customers themselves. This is why it is important to contact a debt collection agency.

An experienced debt collection company will be much more equipped to handle a nonpaying client. The professionals employed by these companies are trained to effectively collect payment from customers who are otherwise ignoring the situation or refusing to pay. Seeking the help of a skilled debt collector is the best chance that a company has to recover an outstanding debt.

In the event that a debt collector is also finding it difficult to collect payment from a customer, there is legal action that can be taken. In order to collect payment, a company is able to file a summons and complaint against the client in court. If, after being summoned to court, the debtor fails to respond or answer, the company will then receive a default judgment.

A default judgment means that the court has automatically ruled in favor of the creditor, or plaintiff, because the defendant has failed to answer the summons and defend him or herself. The defendant, or debtor, will then be forced, by law, to repay the creditor. Once the judgment is given, the court clerk must sign and file the judgment, which will then be docketed and can be enforced.

To collect the amount owed, the company should then request that the court require the debtor to fill out a Financial Disclosure Form. This form will provide the debtor’s financial information and must be returned to the court within ten days.

If a debtor fails to acknowledge the judgment or return the Financial Disclosure Form, the creditor can then ask the court to contact the debtor. The debtor must provide a valid reason for ignoring court’s orders or they may face imprisonment and/or heavy fines.

While obtaining a default judgment will ensure that a company is repaid, this process can be time consuming. To avoid legal action, a creditor will want to contact an experienced debt collection company, like National Collection Agency, to collect the debt. National Collection Agency is a company that is dedicated to meeting the needs of their clients by collecting payment from the most difficult of debtors. By contacting National Collection Agency, creditors can recover outstanding debts, without putting in the time and effort it requires to go to court.

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Judgment recovery, The easy recovery solution

Business owners are successful at running businesses and are often not very good at collecting debts. Using a national collection agency can greatly increase your chances of collecting on judgments. Hiring a debt collection agency allows you to focus on your business and not worry about the hassle and stress of trying to be a debt collector. Debt collectors specialize in collecting debts and have the skills and persistence to get positive results. You would not want a tax accountant working on your plumbing and the same logic applies to debt collection. When you need an expert, you should look into using a national collection agency as they have the skill set that you may be lacking.

Having outstanding judgments to recover can be very costly to any business as you cannot run a business when you are not getting the money that you are owed. Hiring a debt collection company will raise your success rate in debt collection. A debt collector has the ultimate responsibility of getting results and since they are not paid unless they are successful, they will work hard to produce the results you want. Most companies will find that they are able to collect on the majority of debts that are owed to them; however, there will be a percentage of people that, due to a variety of reasons, do not pay. Statistics show that after 90 days, 80% of the people will not pay. Using an outside debt collector will increase your percentage of debt recovery.

Using a national collection agency will also benefit you because the collection efforts are not coming from your business. No company wants to be associated with having to locate delinquent customers. Most successful businesses pride themselves on providing great customer service, and having to track down judgments is not the business model they set out to take on. Using a debt collection company takes your business out of having to be directly responsible for collection efforts and places it in the hands of those that pride themselves on successful debt recovery results.

As business owners, we need results in the world of collections and a national debt collection agency can provide you the results that you need. Debt collection companies are staffed with employees who are trained and able to collect the debts that you are owed. Sound business planning requires that you collect money that is owed for services or goods provided; debt collection should be a part of your business planning process.

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Are some judgments easier to collect than others?

Debt Collection Company and its Purpose :

A collection agency allows creditors to easily collect debts without having to intervene directly. Since pursuing payments tends to be a time-consuming activity, these agencies are best equipped for handling debt recovery. When a debt is recovered, the agency levies a fee that is either a percentage of the debt collected or a fixed amount.
A debt collection company has various ways of doing its job, and the process is efficient and guarantees the fastest resolution. Indeed, the recovery is made legally and it ensures the client is not in jeopardy of a being filed against them for illegally recovering debts. A collection agency provides the client both safety and distance from debtors.

Different Types of Debts:

Several types of judgments can be collected. The most simple are either small debts owned by an individual with the capacity to reimburse or larger ones where the law is clearly on the client’s side. In most situations, if the debtor is not financially cornered, some reasoning and insistence from the creditor generally suffices to resolve the issue. The hardest cases are where a lawsuit has to be filed in order to collect the debt. In addition to being expensive, if the lawsuit is filed in a state where the client has no contacts, it is almost impossible to ensure positive results. That is why a debt collection agency is best-suited for this job. The client must, of course, choose the company that best fits their needs. For example, serious agencies have networks nationwide to offer clients the best representation.

National Debt Collector:

The experience of an agency is crucial even for easy collections. Regardless of how simple the task seems, a client is not as knowledgeable as debt collectors. Most importantly, as debtors are often difficult to locate, sometimes living at unregistered locations, using a national collection agency renders the task simple. One branch communicates to all other the judgments and debtor information. From there, finding and payment of the debt is just moments away. To further highlight the importance of national agencies in debt recovery, contacts possessed by each branch are precious in the case of lawsuits. Judges and court agents are known by local branches. For example, a client living in the state of Washington seeking a debtor in Texas will be wise to choose a national collection agency who has representatives in both states.

In conclusion some judgments might be easier to collect than others, however two things are prevailing above all else :
– The expertise in debt recovery of companies is incomparable.
– A national debt collector is preferable. The agency will have more leverage and room for action.

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I just received my judgment; will the court get my money?

You have won a case in court and received a judgment. The requisite time delay before you can enforce this judgment has now passed. You have also written a letter to the debtor asking that your dues be paid, but they failed to respond. You even called the debtor and they just laughed and hung up.

Under these circumstances what can you do with this judgment? You have several choices: hire a lawyer, enforce it yourself or use a collection agency to successfully recover your judgment.

A reliable collection agency can easily solve the problem of judgment recovery and recover your money from the debtor in a timely fashion. A collection agency is aware that if the debt is not collected within an appropriate time frame, the chances of collecting it successfully dramatically decreases.

When you are using a debt collector, you retain the ownership of your judgment. In case your debtor is a person with solid upstanding who will get upset by phone calls, letters or marks on credit score, then a debt collection company will collect on your judgment.

A debt collection company has the necessary expertise, trained manpower and skills to successfully recover debt from your reluctant debtors.

Now, what is the most appropriate time when you should assign your judgment to a debt collection company? The more complicated a collection is, the better the rationale for hiring a debt collector. Here we are several reasons as to why you should assign your judgment to a debt collection company:

  • You are not aware of the exact location of the debtor.
  • You are not sure about their assets.
  • You are certain there are assets, but debtor has transferred them to another company or person, effectively hiding them from you and the courts.
  • You have incurred huge expenses in legal fees fighting with the debtor to secure the court judgment.
  • Your attorney was unsuccessful in collection of your debt.
  • Your debtor has filed for bankruptcy, but you feel he is lying.
  • You are having a “default judgment”. (Such judgments are open to attack once enforcement proceeding are launched).
  • Your judgment is too complicated
  • In the event the debtor is now deceased

Sometimes a debt collector may allow debtors to negotiate the total amount that is to be paid. This type of negotiation helps in recovering at least a partial amount of the debt owed. In some situations, a debt collector may assist you in recovering the total amount plus interest.

A professional collection agency prefers to maintain a transparent relationship with their clients and respect their opinion. A collection agency provides them with regular updates on the progress of their case so as to keep them informed of the case’s status.

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What is Judgment Recovery?

Each year about 70 % of court judgments remain unclaimed in the United States. This is quite a bewildering fact as people are not claiming what is legally theirs. However, there could be many reasons for this: a debtor may have moved to a state where this judgment is not enforceable, has changed his own name or has hidden his assets. These days, there are not many people who would like to go on a wild goose chase to locate the debtor and then recover their dollars; they’d simply let go of it.

A judgment that stands in your favor is like a written I.O.U. In case you fail to recover that money, your debtor will get away free and you will then have waste your precious time in taking that debtor to court. In these circumstances, a judgment recovery agent makes the recovery process for that court judgment economically viable.

A judgment recovery agency has the requisite technology, expertise and highly trained persons at their disposal for recovering money from your debtors, who in many cases are not interested in paying you back.

Here are some ways in which a national collection agency goes about its debt recovery business:

1. They assign an account manager: They are perfectly aware of the specific requirements of the clients and all aspects of the recovery process. A national collection agency performs in a much better way by maintaining close ties with their customers.

2. Track the debtors: In such situations a national collection agency functions like a private investigator if your debtor vanishes. It will first locate the debtor as it has vast resources at its command, and able to access the necessary records using skip-tracing tools.

3. Dispatch a respectful reminder: It has been observed that sometimes respectful reminders about the outstanding dues are more than enough than any arm twisting tactics. A professional, national collection agency dutifully sends out such reminders to your debtors.

4. They facilitate the process of debt negotiation: A national collection agency will permit debtors to negotiate the amount which is to be paid. This negotiation actually helps in recovering at least some part of the money in situations where cash crunch prevents the debtor from any repayment.

5. Recover the money with interest: Sometimes when the payment gets delayed for an extended amount of time, interest often accrues on the total debt. When the judgment recovery job is assigned to a professional agency, you can rest assured that they will use intelligent score models for ascertaining the exact amount of debt which is due from the debtor and will secure the same to you.

When you use the assistance from a judgment recovery agency for recovering your dues, you must ask that all the concerned aspects of the collection process be explained in detail to you. A national collection agency respects its clients and maintains a totally transparent relationship with them. You are provided with the regular updates on the progress of your case.

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Settling Civil Judgments

A civil judgment is a decision from a court of law, rendered by a judge that determines one party in a quarrel has to pay a sum in order to settle the conflict. These types of court orders are made to decide who owes who in a damage or debt claim and the amount of money the defendant has to pay in order to comply with the judge’s order. However, the check does not have to be written then and there, and the defendant has the possibility of appealing the decision, or in many cases, just to slow the process of payment until the plaintiff ceases in his or her determination of collecting the money.

This is why a civil judgment is a tangled procedure that involves thorough knowledge of civil law. Usually, in a civil quarrel the disagreement between the parties goes beyond the legal nature and involves social and personal elements that can make the actual collection of the money an exhaustive feat for the plaintiff. A collection agency comes to play a fundamental role in obtaining your money in an expeditious and discreet manner.

Evidently to claim money from a debtor that refuses publically to honor a court order can be a frustrating and dreadful deed for anybody. To be able to collect this money requires some amount of both legal and psychological expertise. A professional collection agency specializes in persuading a defaulter to abide by the civil judgment because such an agency has a legal team of attorneys that can lay out the consequences the debtor can face as a result of their disobedience. They can also file lawsuits and advise you on every fact regarding you case. An accomplished debt collection company makes persistence its best asset and can guarantee your satisfaction to recover your money.

Settling a civil judgment can be a stressing endeavor that most likely a regular citizen does not have the chops for. A professional debt collection agency is the solution to your woes no matter how large the amount of money is. A professional collection agency deals with these matters on a daily basis and is designed to save you the hassle inherent in collecting money from a reluctant debtor. A professional debt recovery agency will not charge you if they do not deliver positive results. Debt related to civil judgment can remain unsolved for years if the process dilates, but with the support of a professional collector you will have a positive chance to collect your money and put it all behind you.

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