Month: January 2023

Whenever you have debt that you need to obtain, the process of acquiring your funds can be vigorous and you may need legal assistance. If you are a business owner and your clients are not paying their fees on time or at all, you may find yourself in a postponement of resources to adequately manage your company. In this article we will discuss commercial debt collection and how it works, an attorney’s role in the collection process, and your options as a business owner acquiring debt owed to you.

How Commercial Debt Collection Works

As proprietor of your business, the importance of an increasing revenue flow is vital to the success of your business. Negative financial obligations such as debt, can certainly affect your revenue flow and delay the overall profits of your company. To better understand the process of debt collection, it is just to acknowledge the legal right that creditors have to the money owed to them and the legal process that allows this right, but also protects both the creditor and debtor.

In the debt collection process, there are (3) key aspects:

1. In the first (6) months, the debtor will be in acquaintance with the creditor’s internal collector. This portion of time is beneficial for the debtor in trying to make amends with the creditor and resolve the debt themselves.

2. If the creditor continues to struggle with collecting their debt, they will hire a 3rd party agency to handle this debt for them. If the debt is still owed to the original creditor and if the 3rd party effectively retrieves the debt, they will earn a commission or fee from the debt, which is decided by the creditor.

3. The final aspect of debt collection is when the original creditor hands over their debt to a collection agency. Once this happens, the original creditor is no longer participating, and the collection agency will pursue as much of the debt as possible to make a profit.

Commonly, creditors will inquire with debt-collection law firms rather than collection agencies, because of the influence an attorney presence can have on the likelihood that the debtor will pay out.

A Business Attorney’s Role in Debt Collection

Hiring a lawyer to help with your debt can have tremendous bonuses. Adhering to the power of litigation to permit an attorney to transform non-performing debt into positive revenue streams is the ultimate outcome. Lawyers can help enforce fair debt collection and bring action against an offender if a law is violated. Complete communication is given to the attorney, relieving the client of possible stress that the collection process can entail. A key factor in hiring an attorney is allowing them to negotiate on your behalf. They will have more understanding of gaining debt balances to a reasonable amount for lower payoff. In the circumstance of a payment plan, the attorney can communicate all boundaries with the creditor to ensure the debt is going to be paid in a manner that fits the client.

Your Options

Paying off a debt or collecting on one owed to you can be a tedious process. The steps to debt payment include:

• Verifying you owe the amount indicated
• Examining your state’s statute of limitation
• Understanding your debt collection rights
• Figuring out how much you can pay
• Requesting to have your account terminated if you have paid a large sum
• Setting up a payment plan
• Fulfilling your payment
• Documenting everything

In these instances, Aaron Bruner Law is extensively equipped in debt collection and can help you through each step and circumstance through the debt collection process. Contact us today to evaluate your situation and find the best fit solution for you.

Collecting on a judgment can be a lengthy process. It is possible, as a creditor, to not collect on a judgment over a period of several months, or even years. Therefore, it is important to be proactive when collecting on your judgment and informed of limitations that may prohibit or delay your course of action. In this article we will discuss how often a judgment can be renewed in Oklahoma and the renewal procedure to maintain your judgment collectable in a court of law.

How Often Can a Judgment be Renewed in Oklahoma?

A judgment must be obtained in a court of law for debt collection to take place. Once this happens, the creditor can legally collect on delinquent debt. In Oklahoma, a creditor can try to collect on a judgment for (5) years from the date the judgment goes into effect. This period is known as the statute of limitations. Once this time expires, the judgment becomes unenforceable in the court of law. Although there is still a judgment to be owed, it becomes ineligible to be in a court of law any longer once the statute of limitation expires.

Oklahoma Law states, 12 O.S. §, 13-735

“A. A judgment shall become unenforceable and of no effect if, within five (5) years after the date of filing of any judgment that now is or may hereafter be filed in any court of record in this state:

1. Execution is not issued by the court clerk and filed with the county clerk as provided in Section 759 of this title;
2. A notice of renewal of judgment substantially in the form prescribed by the Administrative Director of the Courts is not filed with the court clerk;
3. A garnishment summons is not issued by the court clerk; or
4. A certified copy of a notice of income assignment is not sent to a payor of the judgment debtor.

B. A judgment shall become unenforceable and of no effect if more than five (5) years have passed from the date of:

1. The last execution on the judgment was filed with the county clerk;
2. The last notice of renewal of judgment was filed with the court clerk;
3. The last garnishment summons was issued; or
4. The sending of a certified copy of a notice of income assignment to a payor of the judgment debtor.

C. This section shall not apply to judgments against municipalities or to child support judgments by operation of law.”

If the right action is taken to prevent the judgment from expiring, then it can remain active for an additional (5) years with renewal.

What is the Judgment Renewal Process?

In order to renew a judgment, the creditor must file a request for renewal of the judgment and this request must be filed before the statute of limitations runs out. If the statute of limitation has expired before the creditor is able to file a renewal, the judgment cannot be renewed further. If done properly and within the specified time frame of renewal, a judgment in the state of Oklahoma can be renewed indefinitely for every (5) years. In filing a judgment renewal, the original judgment execution must have been previously filed with the county clerk and the current judgment renewal is the be filed with the court clerk. If there is a lien on property, that judgment is to be filed with the county clerk. In the judgment process, the creditor has the legal authority to order a bank levy on the debtor, order a lien on the debtor’s property, or garnish their wages when collecting on the judgment. When the judgment becomes renewed, all the interest that has accumulated will be added to the total amount owed, which then the debtor will have to pay additional interest on the accumulated interest.

Your Options

In Oklahoma it is crucial to keep in mind the (5) year statute of limitation on your judgment. After that period, if the judgment is not renewed, it cannot legally be recognized in a court of law and can no longer be renewed if renewal period has passed. However, if you can renew the judgment before the deadline, the number of times you may renew are limitless in Oklahoma. If you are trying to collect on a judgment or get one renewed, call Aaron Bruner, Attorney at Law today for further information on how to better assist you and your situation.

Have you ever been owed money and had to file a judgment with the courts to collect on it? There are various methods of collection, such as, wage garnishments, liens on property, or a writ of execution. However, there is another way to adequately collect on your judgment, and that is through non-continuing garnishments, or in other words a bank levy. In this article we will discuss what a non-continuing garnishment is, how to collect on one, exemptions applied to them, and your best options regarding your circumstance.

A common method of collection is a continuing garnishment of wages. This allows you as the judgment-creditor to contact the debtor’s employer and require they send a portion earned each pay period to you. Non-continuing garnishments are different in the sense that you as the judgment-creditor can contact the financial institution of the debtor and have non-exempt funds applied to the judgment debt in your favor. The process for levying bank accounts and what amounts a debtor can claim as exempt from the levy, is regulated by state law.

How to Collect on a Non-Continuing Garnishment in Oklahoma

Once a creditor receives a judgment against the debtor, numerous methods of collection are given by state law. A judgment allows the court to declare the creditor the legal right to collect on the debt owed.

Oklahoma state Statute, O.S. 12 § 21-1173 states,

“A. Any judgment creditor may obtain a noncontinuing lien on earnings. For the purposes of this section, “earnings” means any form of payment to an individual including, but not limited to, salary, commission, or other compensation, but does not include reimbursements for travel expenses for state employees.

B. A noncontinuing earnings garnishment shall be commenced by filing the affidavit provided for by Section 1172 of this title.

C. The form for the summons required by this section shall be prescribed by the Administrative Office of the Courts.

D. The summons shall be served upon the garnishee, together with a copy of the judgment creditor’s affidavit, a garnishee’s answer form, notice of garnishment and request for hearing, and claim for exemptions, in the manner provided for in Section 2004 of this title and shall be returned with proof of service within ten (10) days of its date.

E. The garnishee’s answer shall be on a form prescribed by the Administrative Office of the Courts.”

Under federal law, garnishments of Social Security or pension benefits is not allowed.

Exemptions to Non-Continuing Garnishments

Judgment debtors are able to claim exemptions from each type of continuing or non-continuing garnishments. A common exemption is undue hardship to the debtor’s family or dependent(s) if a garnishment were to be in effect. The following are factors in Oklahoma courts when determining undue hardship:

• Income and expenses of the debtor’s family and dependents.
• Debtor’s standard of living
• Debtor’s standard of living in comparison to the minimal survival needs of their family and dependents
• Debtor’s standard of living in comparison to the minimal survival standards in the community regarding basic shelter, food, clothing, personal necessities, and transportation

Furthermore, the court is the one to determine the debtor’s and dependent(s) circumstances of undue hardship and determine the basis of exemption for the garnishment. The process is the same for non-continuing garnishments as continuing, with additional exceptions such as:

• Social Security benefits
• Supplemental security income
• Unemployment benefits
• Workmen’s compensation benefits
• Welfare benefits
• Veteran’s benefits
• Certain classes of pension
• Retirement fund
• Disability benefits
• Civil service survivor annuities
• Prepaid burial benefits
• Proceeds of group-life insurance policies
• Alimony, support, separate maintenance, or child support payments necessary for the support of the judgment-debtor’s dependent(s)

Your Options

If you are in pursuit of a judgment, the collection process, or need to better understand your choices, contact Aaron Bruner, Attorney at Law today to discuss the best fit for your situation.

After being injured or involved in an accident caused by another person’s negligence, you can file a personal injury claim for compensation. If your injuries are minor, you may be able to handle your claim independently. However, if your injuries are severe or the at-fault party is difficult to deal with, you should probably hire a personal injury lawyer to handle your case. You should not seek advice from just any attorney. Instead, you should hire a lawyer who has dealt with similar issues. Select a lawyer:

• Who only practices personal injury law.
• Who has a track record of taking cases to trial if needed
• With a Proven Track Record of High Verdicts and Settlements
• Who is an active member of state and national trial lawyer associations
• With sufficient resources to take your case seriously
• Allows you to speak with some of his previous clients
• Who has written and lectured on the subject

Why You Need a Personal Injury Lawyer?

A severe personal injury can be traumatic and significantly impact your life. Aside from the damage, you must also deal with medical bills, insurance companies, and paperwork, all of which can be overwhelming when focusing on your recovery.

Handling an injury claim on your own can be difficult, resulting in a lower settlement, a longer claims process, and no compensation. Hiring a knowledgeable and experienced personal injury attorney is a better way to ensure that your claim is handled correctly and that you receive the compensation you require to recover from an accident as soon as possible.

If you’re thinking about being in charge of your personal injury claim on your own, consider the following four reasons why hiring an injury attorney may be the best option:

1. 1. Reaching Agreements on Settlements

Personal injury claims are frequently settled outside of court. Instead, you and the defending insurance company negotiate a settlement.

It is usually best to leave these negotiations to a professional personal injury attorney to ensure you get the best settlement offer possible.

1. 1. Expediting Your Claim

Due to insurance red tape, witnesses, legal paperwork, and other delays, the personal injury claims process can drag on for months or years in many cases. When you’re focused on getting better, you don’t have time to wait months for a check.

Hiring a personal injury attorney puts a professional on your side who will stay on top of your claim and help you get it resolved as quickly as possible. In addition, a personal injury attorney can assist you in obtaining compensation quickly by dealing with insurance companies on your behalf and negotiating with the defendant’s lawyers.

1. 1. Advocating for You in Court

If you cannot agree on a settlement, your only option is to file a lawsuit, which will have to be resolved in court. You will need a professional to argue your case in these circumstances.

While you may be able to represent yourself, the defending party will almost certainly have a professional lawyer. You need a personal injury attorney who can match that expertise to win.

1. 1. Being aware of how to file a personal injury claim

Navigating the personal injury claim process without assistance can be confusing and difficult, and a single misstep can result in a delayed or significantly reduced payout.

A personal injury attorney will assist you in gathering facts and information, dealing with law enforcement, understanding relevant liability laws, and more. Furthermore, an experienced personal injury attorney is likely to be familiar with local courts, which can help speed up the claims process.

All you have to do is explain the details of your accident accurately and honestly, and your personal injury attorney will guide you and represent you through the rest of the claims process.

How Long Do Most Personal Injury Cases Take To Settle?

Personal injury cases typically take six months to three years to resolve. Unfortunately, there isn’t such thing as an “average” case. This makes determining an “average” settlement timeframe impossible. While there are many factors, the victim’s eagerness to settle and the extent of their injuries are the most important.

If you need a personal injury attorney in Tulsa, visit Aaron Bruner Law. The firm will recommend the best lawyer to help you with your case.