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A dental acquisition restrictive covenant agreement is a legal agreement that is commonly used in the dental industry when a practice is sold to a new owner. The purpose of the agreement is to protect the seller’s interests and prevent them from competing with the new owner after the sale. The agreement typically includes a non-compete clause, which prohibits the seller from practicing dentistry within a certain geographic area and for a certain period. This is designed to prevent the seller from taking their clientele and opening a new practice nearby. In addition to the non-compete clause, the agreement may also include other restrictive covenants, such as non-solicitation clauses, which prohibit the seller from soliciting the practice’s employees or customers. The terms of the agreement will vary depending on the specific circumstances of the sale and the preferences of the parties involved. In this blog, we will discuss the importance of a restrictive covenant agreement and the different clauses that make up a clear and satisfactory agreement.

Why is a Restrictive Covenant Agreement Important?

This agreement is significant because it safeguards the buyer’s investment in the dental practice by preventing the seller from using their knowledge and expertise to establish a competing practice that could potentially draw clients away from the new owner. Some of the specific benefits of a well-drafted restrictive covenant agreement in dental acquisitions include:

• Protecting the goodwill of the practice : The buyer’s investment in the practice is largely based on its established reputation and loyal client base. If the seller were to start a competing practice in the same area, it could erode this goodwill and negatively impact the buyer’s financial returns.
• Preserving patient relationships : Patients often develop close relationships with their dentist over time and may choose to follow the seller to a new practice if given the option. A restrictive covenant agreement can help prevent this from happening by limiting the seller’s ability to solicit patients from the old practice.
• Maintaining the value of the practice : A competing practice could also decrease the overall value of the practice if it results in a loss of clients and revenue. By preventing the seller from starting a new practice in the same area, the buyer can preserve the value of their investment.
• Providing legal protection : A well-drafted restrictive covenant agreement can provide legal protection for the buyer in the event of a breach. It can also help prevent disputes from arising by setting transparent expectations and guidelines for both parties.

A substantial level of value resides in the good will of the dental practice. By implementing a restrictive covenant agreement, you can preserve and develop on the goodwill you purchased through the acquisition.

The Clauses of a Restrictive Covenant Agreement

There are two different clauses you can put into a restrictive covenant, a Non-Compete and a NonSolicitation clause. Restrictive covenant agreements typically contain several clauses to define the terms and conditions of the agreement, as well as to ensure that both parties are aware of their rights and responsibilities. Here are some reasons why you need clauses in a restrictive covenant agreement:

• Clarity and specificity : Clauses provide clear and specific language that outlines the scope and duration of the restrictive covenant. This helps to avoid any misunderstandings or confusion about what is expected of each party.
• Protection of interests : Clauses help to protect the interests of both parties by outlining the specific rights and obligations of each party. This can help to prevent disputes and legal challenges down the line.
• Enforceability : Clauses help to ensure that the restrictive covenant is legally enforceable. By including specific language and terms, the agreement is more likely to be upheld in court if either party breaches the terms of the agreement.
• Flexibility : Clauses can also provide flexibility by allowing for modifications or amendments to the agreement if circumstances change.

A non-compete clause in a restrictive covenant agreement is a provision that restricts the seller of a dental practice from competing with the buyer after the sale is completed. This clause is designed to protect the buyer’s investment in the practice and prevent the seller from taking away valuable patients and clients. Typically, a non-compete clause will specify a geographical area within which the seller is prohibited from competing with the buyer, as well as a time-period during which the restriction is in effect. For example, the clause may prohibit the seller from practicing dentistry within a 50-mile radius of the practice for a period of two years after the sale. The specific terms of the non-compete clause will vary depending on the circumstances of the acquisition and the preferences of the parties involved However, it is common for such clauses to be included in dental acquisition restrictive covenant agreements to protect the interests of the buyer and ensure the long-term success of the practice.

A non-solicitation clause in a restrictive covenant agreement is a provision that restricts the seller of a dental practice from soliciting the clients, customers, or patients of the practice after the sale is completed. It’s worth noting that a non-solicitation clause may be different from a non-compete clause, which restricts the seller from competing with the buyer in a specific geographical area or market segment for a certain period of time. While the two clauses may be included in the same agreement, they serve different purposes and have different restrictions. The non-solicitation clause typically specifies a period during which the seller is prohibited from soliciting clients, as well as the types of clients that are covered by the restriction. For example, the clause may prohibit the seller from soliciting any clients of the practice for a period of one year after the sale.

Overall, clauses in a restrictive covenant agreement are essential for creating a transparent and enforceable agreement that protects the interests of both parties and helps to prevent disputes or legal challenges.

An Attorney’s Role in a Restrictive Covenant Agreement

Overall, a restrictive covenant agreement is an important tool for protecting the buyer’s investment in a dental acquisition and ensuring a smooth transition of ownership. It is important to work with experienced legal counsel to ensure that the agreement is fair, enforceable, and tailored to the specific needs of the parties involved.

If you are needing representation or have questions about leasing, buying, or selling a dental practice, do not hesitate to contact Aaron Bruner, Attorney at Law at (918) 392-9672.

When acquiring a dental practice, one of the most critical components to consider is the provider agreements. These agreements are contracts between the dental practice and third-party payers, suchas insurance companies, that dictate how much the practice will be reimbursed for services rendered. Understanding these agreements and negotiating favorable terms can greatly impact the financial success of the practice. In this blog, we will explore the importance of provider agreements in dental acquisitions and provide insights on how to navigate the negotiation process. Whether you are a buyer or seller of a dental practice, understanding provider agreements is crucial for a successful transaction.

What is the Purpose of a Provider Agreement?

The purpose of provider agreements in dental acquisitions is to ensure that the acquiring dental practice can continue to provide services to patients and receive reimbursement from third-party payers. These agreements outline the terms and conditions of the relationship between the dental practice and the payer, including the fees that will be paid for services rendered and the procedures that are covered under the plan. It is essential for both the acquiring practice and the payer to have a clear understanding of these agreements to avoid any confusion or disputes that could result in lost revenue or legal action. The terms of provider agreements can also impact the value of the dental practice, making it essential for both the buyer and the seller to negotiate favorable terms during the acquisition process.

What are the different functions of a Provider Agreement?

There are several components of a provider agreement in dental acquisitions that are important to consider:

• Firstly, the agreement will specify the fees that will be paid to the dental practice for services rendered. These fees may be based on a fee-for-service model or a capitation model, where the practice is paid a fixed amount per patient enrolled in the plan.
• Secondly, the agreement will outline the procedures that are covered under the plan and any limitations or exclusions.
• Thirdly, the agreement will specify the administrative requirements of the payer, such as claims submission and payment processing.
• Fourthly, the agreement may include provisions for quality assurance, such as performance standards or reporting requirements.
• Finally, the agreement may include provisions for termination or modification, detailing the circumstances under which the agreement can be terminated or modified, and the notice required to do so.

It is essential to carefully review each of these components and negotiate favorable terms during the acquisition process to ensure the financial success of the dental practice.

How can an Attorney Assist you in a

In conclusion, an attorney can play a critical role in the negotiation and drafting of a provider agreement in dental acquisitions. With their expertise and experience, an attorney can help ensure that the agreement is fair, legally binding, and aligned with the goals of the dental practice. They can help identify potential issues or pitfalls in the agreement and negotiate favorable terms on behalf of the practice. Additionally, an attorney can provide guidance on any regulatory requirements or compliance issues that may arise. Overall, working with an attorney can provide peace of mind and help to ensure the long-term financial success of the dental practice. If you are seeking an attorney for your dental acquisition, call Aaron Bruner, Attorney at Law today.

If you are involved with construction as the owner of real estate or as a contractor, you might have heard of a mechanic’s lien. Depending on the location you work, a mechanic’s lien can also be referred to as a property lien or construction lien. If you’re new to the construction sector and want to know about these legal documents, you’re in the right place. We’ll explain what the mechanic’s lien is, how long you have to file it and more concerning the same.

What Is a Mechanic’s Lien and Its Purpose?

Almost everyone knows the meaning of mechanics, but the truth is a mechanic’s lien has nothing to do with mechanics. Instead, a mechanic’s lien is a legal document that reserves someone’s right to ask for compensation in the event of nonpayment by the person or organization that commissioned them to do some work.

Usually, mechanic liens are filed by suppliers, subcontractors or contractors who have yet to receive any payment for a project they completed or for materials supplied on someone’s real property or a house or land.

It is essential to know that a mechanic’s lien is state specific. You should consult with the mechanic’s lien attorney near you about the specific time limitations for when a lien can be filed, as each state has its time limitation for private and public property.

Therefore, when you file a mechanic’s lien, the owner of a property or construction may be compelled to resolve the lien as soon as possible. This is because the property cannot be sold while the lien is in effect. Any buyer who wants to purchase the property will see the lien in place, which will put them off. This is because if the potential buyer goes ahead and purchases the property, they are held accountable for the liens linked to the property.

When Should a Mechanic’s Lien Be Filed?

As mentioned earlier, a mechanic’s lien is highly state-specific, so you need to check with the mechanic’s lien lawyer in Tulsa to know the time limitation in Oklahoma. For instance, in New York, a mechanic’s lien must be filed within eight months of when the last job was done, or materials were provided. However, if the lien is against a single-family home, the lien must be filed within four months.

Therefore, you should consider the local law and practice because of such minor distinctions, as they can affect the validity of the lien you filed. This is why you should speak with a lawyer from your jurisdiction specializing in construction law.

Besides filing the mechanic’s lien on time, other basic requirements need to be accurate on your lien. They include:

• Your name and address.
• The name of who you worked for.
• Total value you contracted for.
• The name of the owner.
• Description of the construction property or materials supplied that you are filing the lien against.
• The outstanding amount owed to you.

You might have met all the deadlines, but if you fail to provide accurate information about any of the above-mentioned basic requirements, your mechanic’s lien becomes void. Fortunately, if you follow every detail of the book and submit your lien on time, you might find there are many benefits of this legal document.

What Are the Benefits of a Mechanic’s Lien?

Filing for a mechanic’s line has many benefits for you and your company. Some of the benefits include:

• A mechanic’s lien pressures the owner and the general contractor to settle the lien. This ensures that the owner maintains a clear security interest in the property.
• The lien creates a specific deadline for when litigation will begin if the payment has yet to be settled.
• A well-filed mechanic’s lien is very difficult to challenge.
• When you file a mechanic’s lien, you can file a suit against the property owner and not just the general contractor or the subcontractor. This means that the owner will see the lien, which increases the probability of getting paid.
• If the debtor fails to pay or files for bankruptcy, the lien gives you (the claimant) the legal right to collect from the real estate or property. The estate can be sold to pay the money owed.
• Filing a lien shows the parties involved that you’re serious about getting paid.

A mechanic’s lien can give you the confidence that your work will not go unpaid. However, you need to consult with the lawyers near you to ensure that you’ve included every detail required for a mechanic’s lien to make it valid in court.

Acquisition simply means when one company takes over another and becomes its new owner. The first thing one must know in the procedure is to write a perfect and impressive acquisition proposal. The whole process of business Acquisitions in Tulsa. OK requires setting up a team and other research work about the company and more.

What is An Acquisition Proposal?

It is a formal offer to buy another company legally within the letter. One mentions the company involved, a full transaction description, and the attachment of relevant business documents. Writing an acquisition letter involves numerous steps – from finding an acquisition candidate to finally utilizing the property.

Step-by-step Process of Writing Acquisition Proposal

As the procedure starts from sending an acquisition letter, one must know the on and outs of writing a perfect letter. It’s because this letter could be a deal maker or deal breaker.

Let us unfold each step one by one:

Begin with Introduction

The introduction is the most vital part of any letter. This part of the merger acquisition should have all factual information, nothing secondary. If you have already had some talks with the target company, it’s important to mention them here. In this case, the introduction should be more formal and factual. You should mention the target company beside your company. But if it is for the initial stage, the letter will be a bit informal.

Here you should mention factual information about your company. The rest you should leave on further bindings of both parties. If this is the case, the letter could be informal.

Definition of Important Terms

Defining all complex and crucial terms is highly important. Your letter must have a space for these terms because this definition will help people understand the letter and will enhance the readability and understanding of your acquisition letter. The list of such terminology may include:

• Company shareholders.
• Disclosure schedule.
• Hedging agreement.
• Bylaws.
• Shares.
• Intellectual property.
• Preferred compensation plan.

This list is mandatory to give a clear idea about the proposed transaction to the involvement of the other party.

Identification of Involved Companies

It is the crucial part. There must be a section to describe each company involved in the acquisition process. These descriptions should have the following information.

• Name of the Company.
• Registered Office.
• Their Capital.
• Cash inflow and outflow information.
• Boards of directors and stock ownership division etc.

All these things are essential to mention about your own company also.

Acquisition Description

Explain what the acquisition would look like and how it will impact both companies. This part must have detailed information about what will happen to the targeted company employees, how stocks would get handled, and more.

The letter must have information about how the articles of the company will change after the accomplishment of the acquisition. This section of your letter must be clear. It will help both companies to make informed acquisition decisions.

Valuation Calculations

The financial backgrounds of both companies are essential for the deal. Your letter must have clear and authentic valuation calculations, along with a description of how you will pay the payments. Here you should mention the assets, liabilities, and net equity. Mention a clear amount of the proposed purchase price. For localities and other accounts-related issues, take the assistance of a debt collection attorney at Aaron Bruner Law.

Candid Termination Provisions

This section must have allowable time for termination. The manner termination should occur and the terms where the acquisition will automatically cancel. Conditions if the party breaches the contract and more.

Terms for General Contract Provisions

This agreement describes how the court reads the contract. It doesn’t contain any content. In this section of the letter, you must include the following terms:

• Severability clause.
• Amendment clause.
• Entire agreement clause.
• Governing by law clause.
• Heading clause.
• Waiver Clause and more.

Inclusion of Additional Agreements

The acquisition doesn’t complete when both parties agree to the deal, but there is a requirement for other agreements to move forward with the deal. These additional agreements may include:

• Access to information agreement.
• Employees benefit agreement.
• Resignation letters.
• Public announcements.
• Officers and directors indemnification and insurance.

Space for Signature

If your proposal is a binding contract, then including the signature page is essential here. The sign of both parties is mandatory. On the other hand, the proposal is just for information. The signature section is not vital.

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.

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.