Author: WP-Team

An attachment is the method of repossessing a person’s assets to fulfil a judgment. Essentially, you as the Judgment Creditor, are “attaching” the Judgment to the Judgment Debtor’s assets and therefore facilitating them to be compensation toward what is owed of the Judgment. In Oklahoma there are many various ways this can be completed, whether that be through garnishments, recording of judgments, or getting the court to order a Writ of Execution, which will be explained further in this article.

What is a Writ of Execution?

A “writ” is a court order to the Sheriff that serves to implement the Judgment by confiscating the Judgment Debtor’s personal property. When the Judgment Debtor is in possession of valuable property such as cash, there are systems in place that enforce the attachment against objects of value. First, the Judgment Creditor will complete an application for a writ to the Judge. When the Judge approves, the Judgment Creditor gives the signed writ to the Sheriff and pays fines applicable that the Sheriff may charge for such services. The next step involves the Sheriff executing on the writ according to its terms. The Sheriff’s authority is only limited to what the writ details. It may be specific, or it may be general, however it directs the Sheriff to confiscate whatever the writ defines.

What Does Recording a Judgment Mean?

Filing your Judgment with the County Clerk (not Court Clerk) in the same county the Judgment Debtor owns real property, is one of the easier forms of a Judgment. Doing so documents the Judgment with the land records to ensure that once someone views the title or deed to the Judgment Debtors real property, they will be informed of the Judgment filed with it. Once the land is bought/sold, the Judgment is the first thing to be paid. The only downside to this attachment is the process of waiting for the property to be sold. Without doing so, you will not be able to start your own foreclosure, except if the Judgment was approved regarding the property itself, such as mechanics’ lien.

Additionally, another attachment is Garnishments, which consist of a third-party in possession of the Judgment Debtor’s money to pay the Judgment Creditor. You can learn more information about that topic in our other blog titled What is a Garnishment?.

Your Options When Collecting on a Judgment:

Although there are many ways to collect on your Judgment, you want to find the best method for you and your situation. Call Aaron Bruner, Attorney at Law today to assess your situation and figure out the best next steps for you.

A garnishment is an order from the court that requires a third party in control of the Judgment Debtor’s money to pay the Judgment Creditor. A garnishment is a step in the collection process of a judgment. This method is essentially a way for the Judgment Creditor to intercept the money that is going toward the Judgment Debtor. This practice is a good way to collect on a judgment and allows a more reliable approach in receiving your debt compensation. Oklahoma State Statute 12 O.S. § 21-1171 states,

• “A. Any creditor shall be entitled to proceed by garnishment in any court having jurisdiction against any person whom the creditor, in good faith, believes to be indebted to the creditor’s debtor or has possession or control of any property belonging to such creditor’s debtor, in the cases, upon the conditions, and in the manner described by law.
• B. Subject to the limitations and exceptions otherwise provided by law, there shall be two classes of garnishments:
• 1. Prejudgment garnishments, which shall consist only of general garnishments pursuant to Section 1173.3 of this title; and
• 2. Post judgment garnishments, which shall consist of the following types of garnishments:
• a. income assignment for child support pursuant to the provisions of Section 1171.2 of this title,
• b. noncontinuing earnings garnishment pursuant to Section 1173 of this title,
• c. garnishment for collection of child support pursuant to Section 1173.2 of this title,
• d. general garnishment pursuant to Section 1173.3 of this title, and
• e. continuing earnings garnishment pursuant to Section 1173.4 of this title.”

How to Collect on a Judgment with Garnishments

There are two steps to collect on a judgment through garnishing assets which are to request a Garnishment Summons and a Garnishment Affidavit.

When collecting on a continuing or noncontinuing garnishment both are to be initiated by filing a Garnishment Affidavit and Summons through the Administrative Office of the Courts. The Garnishment Affidavit states who the parties are and the balance of the Judgment. The affidavit states that the Debtor maintain an account with a financial institution and to identify a specified financial institution or bank. After filing the Garnishment Affidavit, the Judgment Creditor can then request the court clerk to issue a Summons. This summons directs the banks to file a written response within 10 days to the court that states whether they are holding any of the Debtor’s financials. The garnishment of wages works accordingly with the Debtor’s employer, initiating wages to the Judgment Creditor.

What are the different types of Garnishments?

There are two different types of garnishments: continuing and noncontinuing.

A continuing garnishment is for example a wage garnishment. A Judgment Creditor can request the court issue a continuing garnishment to the Debtor’s employer, therefore making the funds deliverable to the Judgment Creditor.

A noncontinuing garnishment is for example a bank levy. A Judgment Creditor can request the court issue a noncontinuing garnishment on the financial institution that is acquiring the Debtor’s funds.

Although garnishing bank accounts and wages are common, there are other types of garnishing methods as well. Garnishments are the interceptors of a third-party’s obligation to a debtor; therefore, a Judgment Creditor can intercept in several different contexts.

There are some limitations when garnishing a judgment. Oklahoma State Statute 14A O.S. § 5-105 states,

• “1) For the purpose of this part
• (a) “disposable earnings” means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld; and
• (b) “garnishment” means any legal or equitable procedure through which the earnings of an individual are required to be withheld for payment of a debt.
• (2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment to enforce payment of a judgment arising from a consumer credit sale, consumer lease, or consumer loan may not exceed the lesser of
• (a) twenty-five percent (25%) of his disposable earnings for that week; or
• (b) the amount by which his disposable earnings for that week exceed thirty times the federal minimum hourly wage prescribed by Section 6(a) (1) of the Fair Labor Standards Act of 1938, U.S.C. Title 29, Section 206 [29-206](a)
• (1), in effect at the time the earnings are payable.
• (c) in the case of earnings for a pay period other than a week, the Administrator shall by rule prescribe a multiple of the federal minimum hourly wage equivalent in effect to that set forth in paragraph (b).
• (3) No court may make, execute, or enforce an order or process in violation of this section.” These limitations are set to allow the Debtor to retain part of their “disposable earnings” and no more than 25% of that will be garnished.

Conclusion

Collecting on a judgment can be strenuous. If you are seeking implementing a garnishment on collecting your judgment you may want to hire an attorney for assistance with the process. Call Aaron Bruner, Attorney at Law today to assess your situation and figure out the best next steps for you.

Asset hearings are a part of the Post-Judgment Discovery process. After being granted a Judgment against someone who owes you a debt, you have options when collecting compensation on that Judgment. Having a Hearing of Assets ordered by the court will better assist you in analyzing what assets the Judgment Debtor obtains and the best way you, the Judgment Creditor, can collect on them.

What is an Asset Hearing?

As a Judgment Creditor, once you are granted a Judgment, it is your responsibility to execute on it against the Judgment Debtor. For that to be done successfully, it is beneficial to ask the court to order the Debtor to appear before a Hearing of Assets to disclose all information regarding the assets they possess. Initially, the Judgment Creditor files a motion or application with the courts, requesting the Judgment Debtor release all specified information regarding their assets. This will assist you in determining how you should proceed when collecting your Judgment.

Why are Asset Hearings Necessary?

Asset hearings give a clear layout of exactly what assets a Judgment Debtor holds. This can include the Debtors bank account information, tax returns, titles to real property, business documentation, certificates to stock, and more. Requesting an Asset Hearing allows the Judgment Creditor to know evidently what method of collection that will be most efficient moving forward, whether that be a bank levy, garnishments, liens on property, or so forth.

Your Options Post-Asset Hearing:

Hiring an attorney is a useful option in assisting to implement your Judgment. As a Judgment Creditor, you are authorized to Post-Judgment cost and attorney fees, which will be included to the balance of the Judgment total. Typical attorney arrangements may include a contingency agreement in which the attorney is paid a percentage amount of the Judgment collected. Generally, the attorney does not collect a fee unless the client collects on the Judgment. If you need assistance collecting on a Judgment in Oklahoma, call Aaron Bruner, Attorney at Law for a consultation today.

Have you ever had to file a judgment against someone and after it being granted had difficulty collecting what was owed to you. Under the law, a judgment is a legally enforceable obligation against another party, and it is your responsibility as the creditor to collect on the judgment granted to you. When a court resolves a civil lawsuit, the court renders a civil judgment. The civil judgment is the official decision by the court regarding a dispute between the parties. In this article we will discuss who is responsible for collecting on a judgment and the process of how to obtain the debts that are owed.

What is a Judgment and Who Collects It?

A judgment is a decision made by the court that one party owes money to another party. A judgment is only a legal ruling and does not mean you automatically are granted the money owed to you. It is up to you as the Judgment Creditor to obtain the money owed to you from the Judgment Debtor. You initially have a declaration by the court that another party owes you money, however it does not give specific instructions on the payment process of the judgment. Therefore, you as the creditor must enforce the judgment on your own terms. This can be a tricky process, but there are many options in executing your judgment.

What is Post-Judgment Discovery?

To effectively execute on a judgment, the Judgment Creditor must first know where to discover the Judgment Debtor’s assets. This calls for a Post-Judgment Discovery process, which is crucial to garnishing accounts and seizing property. After the judgment is granted to you, as the Judgment Creditor you are allowed to request from the court an order demanding the Judgment Debtor to appear at a hearing to answer questions, under oath, regarding their assets. Without knowing this information, collecting on your judgment would be nearly impossible. This process is called a Hearing on Assets or “HOA”. To conduct this hearing, the Judgment Creditor must file an application or motion for the hearing and request that the Judgment Debtor disclose specific information regarding their assets.

These assets can consist of:

• Bank Account information
• Tax Returns
• Titles to Property (Vehicles/Real Estate)
• Business Documentation
• Certificates of Stock/Articles of Organization
• Etc.

How to Collect on a Judgment?

Being granted a judgment is the first step in the collection process. There are various ways you can collect on your judgment, these include:

• Attachments
• Executions
• Garnishments

Attachment is the process of seizing someone’s property to collect on a judgment. In realistic terms, you are “attaching” your judgment to the Judgment Debtor’s assets. Some methods of carrying out an attachment in Oklahoma include recording a judgment, seeking a garnishment, or having the court issue a writ of execution to the sheriff.

• Recording a judgment with the County Land Records, is the simplest form of attachment. Here you would report your judgment with the County Clerk (different from the Court Clerk), in the same county in which the Judgment Debtor retains any real estate. This way when someone reviews the title or deed, they will be notified of the judgment and if the property is sold or bought, the judgment must be paid first.

Executing a Writ is a court order to the Sheriff to execute the judgment by confiscating the Judgment Debtor’s personal property. The Sheriff may only seize the property specified in the writ. A write can be specific or general depending on what needs to be seized.

Garnishments are a very efficient way to collect on a judgment. This is when the court orders a third party to provide money to the Judgment Creditor that would otherwise be owed to the Judgment Debtor. This could be in Continuing garnishments with wages from their job for example or Noncontinuing garnishments with a bank levy for example.

Hiring an Attorney to Assist on Collecting a judgment

The Judgment Creditor has the choice of obtaining an attorney to aid in collecting on their judgment. The Judgment Creditor is entitled to post-judgment cost and attorney fees. Therefore, some of the further cost may be attached to the overall amount owed of the Judgment Debtor. A common arrangement in hiring an attorney is a contingency agreement in which the attorney is paid a percentage of the amount collected from the judgment. With this situation, the attorney does not collect a fee of percentage unless the client collects on their judgment. If you need assistance enforcing a judgment in Oklahoma, call Aaron Bruner, Attorney at Law for a consultation today.

You have just gone through the process of obtaining a legal judgment against someone who owes you money, only to realize that person has moved to another state, or their assets and businesses are in another state, what do you do now? With the judgment being granted by the court on your behalf, it is now your responsibility, as a creditor, to collect on the debt owed to you by the opposing party, the debtor in this case. When the debtor still lives in the same state, the process can be mundane but often people relocate or move their assets for several reasons. You are entitled to your judgment, no matter where the other party resides. In this article we will assess what a judgment is and how to domesticate it in another state, as well as how to collect on that judgment once authenticated.

What is a Judgment?

A judgment is a court’s final decision on which party is responsible for obtaining what and how much. A judgment in one state can be enforced in another state under the United States Constitution, with supplementary federal and state statues. Oklahoma State Statute 12 O.S. § 682 (OSCN 2022) states, “A. judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; it may determine the ultimate rights of the parties on either side, as between themselves, and it may grant to the defendant any affirmative relief to which he or she may be entitled”. Once you have filed a suit and obtained a judgment against another party, now granted by the court you have a declaration that the other party owes you that money. This makes the judgment legally enforceable against the opposing party no matter what state they reside in.

What are the Steps of Domesticating a Judgment in Oklahoma?

Once you have been granted a Judgment, it is up to you to obtain the payment from the debtor. Although the judgment will not specify how to obtain payment, there are a few ways to enforce a judgment in Oklahoma.

Judgment enforcers:

• Garnishment
• Attachment/Execution
• Lien Foreclosure

The first step in domesticating a judgment is having your judgment authenticated by a court clerk in the foreign state of the debtor before you can begin the collection process. Oklahoma law states, “A copy of any foreign judgment authenticated in accordance with the applicable Act of Congress or of the statutes of this state may be filed in the office of the court clerk of any county of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the district court of any county of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a district court of this state and may be enforced or satisfied in like manner. Provided, however, that no such filed foreign judgment shall be a lien on real estate of the judgment debtor until the judgment creditor complies with the requirements of subsection B of Section 706 of this title.” 12 O.S. § 721 (OSCN 2022).

The second step in domesticating a judgment, which is to be completed at the same time as authenticating with a court clerk, is a Notice of Filing of Foreign Judgment and a Judgment Domestication Affidavit. These documents legally list the name and addresses of the creditor (Plaintiff), the creditor’s attorney, and the debtor (Defendant).

With notice, 20 days after filing these documents, Full Faith and Credit is given to the State of Oklahoma to recognize and enforce your judgment and is treated the same way an Oklahoma judgment would be moving forward.

How to Collect on your Judgment Once Authenticated?

After you have authenticated your foreign judgment against someone, you will want to proceed with investigating their assets, a process also known as post-Judgment discovery. You will want to ask a court to order the debtor to appear for a hearing to disclose a complete report of their assets to better help you assess how you can enforce your judgment.

A list of such assets could include:

• Several years of tax returns
• Titles to vehicles & real estate property
• Certificates of stock or articles of organization
• Other documents that would demonstrate ownership of a company
• All bank accounts & recent bank statements

Judgments can be implemented through practices like, wage garnishments, levies on bank accounts, and liens on property. When collecting on your judgment it might be beneficial to hire a lawyer to help enforce it. You are entitled to post-judgment costs and attorney fees, therefore the fees that are charged by the lawyer will be added to the balance of your judgment and the debtor is furthermore responsible for such balance. A common negotiable with hiring a lawyer is the lawyer taking a percentage of whatever sum is collected, as it is collected. Doing so balances the monetary risk with both the lawyer and client seeking collection.

Conclusion

Seeking a judgment can be a daunting process, and even more, collecting on that judgment when it requires domesticating in a different state than it originated. Being informed on how you can acquire what you are entitled to, is significant in obtaining the debt owed to you and doing so in an efficient way fundamental to the law.

Learning how to write a demand letter can save you time and money in receiving payments in disputes.

For example, if people owe you money, damage your property, sell a defective product, breach of contract, et cetera, you might want to manage it yourself by sending a demand letter.

However, if you are not aware of how to write demand letters, you might need help. Therefore it helps learn the elements of writing a strong demand letter to ensure you get paid whatever you are owed before seeking legal recourse.

Demand letters notify individuals or companies that you are considering legal action against them. If you know how to do it, you can write a demand letter yourself or hire a business lawyer in Tulsa to help you achieve your goal.

However, you must initially check the rules of your state and local courts if you are planning legal action to ensure you don’t need an attorney to present the letter.

What Are Demand Letters?

Demand letters serve many purposes. First, it enables you to write to an individual or company to let them realize they owe you money and you intend to collect it.

Demand letters deliver excellent outcomes when the individual or company owing you money realizes they are on notice. They might decide to pay what’s owed to ensure you don’t take the matter further.

The payment you receive will save time and money for everyone and prevents the need to hire a lawyer to write demand letters in Tulsa, OK.

You might confront a situation where an individual or a company realizes they owe you money but put the issue on the backburner or believe you are not moving forward to collect your payment.

It indicates they are wilfully refusing to pay for perhaps ignoring you. You are entitled to manage the finances owed, and the purpose of the demand letter is to set forth your expectations.

If it is a factual dispute, it can open the doors to negotiation preventing the need to go to court and start legal proceedings.

What Is a Demand Letter from an Attorney?

A demand letter from an attorney establishes facts by taking all information from you without assuming everyone has the points you do.

Lawyers write your version of the facts to ensure that if you have to seek legal recourse, you have documentation stating the nature of the dispute.

Demand letters from attorneys provide sufficient context for people or companies unfamiliar with the situation to understand the reality.

Lawyers include facts to state your attempts to resolve the dispute failed and refer to conversations, emails, or other communication indicating legal action is a last resort.

Lawyers try to refer to evidence such as contracts wherever available without including the document with the demand letter.

For example, they might refer to an agreement between you and the individual or company in that they agreed to pay you $ 100 for services provided, mentioning the date and time on the contract.

If you have evidence regarding the agreement, lawyers highlight the point because although illegal to destroy evidence, it can happen frequently.

Attorneys ensure they are clear about the evidence and have information that the recipient also possesses, making it essential if you have to explain it in court.

When attorneys send demand letters, they make a ‘demand’ by mentioning specific details about the claim you want to make.

For example, if someone drove into your property, causing damages and requiring you to spend money, attorneys outline your specific demands mentioning every detail with the costs of material damage, labor costs, and the charges for maintaining the repairs until they stabilize.

They also explain why the recipient must pay for the damage holding them at fault for the incident.

What Happens After My Lawyer Sends a Demand Letter?

When your lawyer dispatches a demand letter to an individual or company, they set forth the money owed to you, specifying how you expect the payment.

If you are not in a position to accept payments in installments, lawyers specifically inform the recipient that if your requests are not met, you plan to file a lawsuit to collect the money.

Lawyers are specific with the details they mention in demand letters realizing that if the recipient doesn’t meet your need for demands, the only recourse available is a lawsuit.

They ensure the demand letter is not threatening or accusing anyone but merely advising the recipient of your intention to start legal proceedings if your demands aren’t acceptable to bring the matter to an amicable solution.

If you don’t know the legal aspects of writing a demand letter, Aaron Bruner Law can assist you in writing these letters for civil lawsuits. Please do not hesitate to contact them for assistance with your demand.

If you have debts or loans that you need to service, you know how grueling the collection process can be. If you own a business and desire to collect bills from your customers, and they aren’t paying on time (if at all), the stress compounds since you need money to run your business. So, what is the pragmatic thing to help you get paid or even pay off the debts? This is why you need our business attorney to aid you in getting to where you wish to be.

If you are a lender, you understand the value of a positive revenue stream and how negatively performing financial obligations can weigh down a great portfolio. However, you can use the power of litigation and allow our lawyer in Tulsa to convert those non-performing obligations into positive revenue streams.

It has always seemed as though debt collectors are villains who wreck the lives of hard-working citizens. But when you understand the debt collection process, you will get to know that the creditors have a right to their money, and there is a legal process that protects the creditor and the debtor.

How Debt Collection Works

The debt collection process has three phases:

• You will deal with the creditor’s internal collector during the first six months of delinquency. This is the perfect stage to try and settle your debt since no middlemen are involved, and your creditor is still willing to maintain a positive relationship with you.
• Once the lender notices that you will not pay their debt, they will assign an outside organization, also known as a third-party agency. At this stage, the debt is still owned and owed to your original creditor. If the outside organization successfully recovers part or all of the debt, it will earn a commission. The creditor may decide that the commission might be a fee or a percentage of the total amount owed.
• The last stage of the process is where your original creditor writes off your debt and sells it to an outside collection agency (a debt buyer), often pennies on the dollar. Your original creditor will not be involved anymore. So the collection agency will try to get as much of the debt as possible, to make a profit on its purchase.

Recently, most creditors are reaching out to debt-collection law firms than the conventional debt collectors since the communication from a lawyer makes a greater impression, increasing the chances of repayment.

Laws Followed for Debt Collection

Even though a creditor is legally and ethically entitled to the money owed, they are still restricted by law in the methods they can employ to recoup their money. So, the creditor must abide by the following during the debt collection process:

• The collection agency must not discuss your debt with your friends, family, employer, or neighbor
• The collectors can only call you during limited times of day
• The collectors cannot use obscenities, slurs, threats, or insults
• The collection agency is given remedies for consumers who desire to stop collectors from all contact
• The collectors should verify all debts and terminate collection procedures if the verification is not fruitful

The act’s provisions might not cover the original creditors but the third-party agencies and lawyers who are always engaged in the debt collection process.

The Role of a Business Attorney and Lawyer in Debt Collection

Working with our lawyer throughout the debt collection process is a huge plus. Here are the roles our Tulsa business attorney plays during the debt collection process:

Enforce Fair Debt Collection

The beauty of having a lawyer on board is that the lawyer can bring action against the offender when the law is violated. Once our lawyer is involved, communication is done through the lawyer.

Negotiate With Creditors

Our attorney will negotiate balances to a reasonable amount. Also, if the client is willing to pay a certain amount, our lawyer can negotiate with the creditor for a lower payoff amount. If there is a payment plan, the lawyer can float the idea to the creditor to ensure that the debt is paid in a way that suits the client.

Help File for Bankruptcy

At times, declaring bankruptcy is the best option when a client desires to escape multiple default judgments. Our lawyer will discuss the various types of bankruptcy and what each entails. Then, you will be advised on the bankruptcy process.

How Do You Pay Off Debt In Collections?

You can pay off the debt in collections following these simple steps:

• Confirm that you owe the amount stated
• Check your state’s statute of limitation
• Understand your debt collection rights
• Figure out how much you can pay
• Request to have your account deleted if you have paid a large lump sum
• Set up a payment plan
• Make your payment
• Document everything

Paying off debt takes diligence and time. It might take you a long time before you clear a debt. Also, getting your money from a debtor can be a daunting task. In any case, at Aaron Bruner Law, we are well-vast in debt collection and can help. Contact us today.