An Order in your favour, for money or the return of property, is just the first step in the recovery of your Debt. Action is also required to enforce and collect on it. Phoenix Paralegal Services P.C. has the experience and expertise you need to ensure the right conclusion.
Need advice or direction on how to proceed with your legal problem after you have obtained a Judgment? Need to enforce a Court Order?
There are a number of steps that can be taken in enforcing an Order, but the most important is to:
Obtain Effective and Experienced Legal Advice
Don’t wait; often, the longer you delay, the more difficult it may become to obtain total satisfaction of your awarded rights.
Once a Judgment/Order is granted, the most common questions asked are: “What Now?” and “How do I collect the money?”.
For many, the questions remain unanswered until it is too late.
Phoenix Paralegal Services P.C. provides the right answers, with exceptionally quick turnarounds on Judgment Debt Collection and Enforcement Services.
We know time is of the essence, as it is usually a race between the debtor trying to hide assets, change bank accounts, switch jobs or move residences, and the Creditor (You), who is entitled to collect on the Judgment or Order, and is attempting to take the most appropriate and effective steps to enforce that collection.
You could use a Collection Agency! However, Collection Agencies prefer you have a membership (not really financially worthwhile if you are not a regular user) and often still take 30% – 35% of amounts collected. They usually will not proceed with actual Court enforcement; but rather make phone calls for an extended period of time. The effort Agencies expend in trying to collect outstanding amounts is usually directly proportional to the amount of the debt to be collected.
The Phoenix Paralegal P.C. approach differs from a Collection Agency in several ways. Time is of the essence, so we immediately act on the enforcement with whatever tactics are most appropriate and we let you choose the method of payment most suitable to you – either fee based or a percentage of the debt collected.
There are a number of ways in which to apply pressure for a debtor to pay, such as Debtor Examinations and the application of Liens, and several methods to actually collect a debt, including Garnishment of wages or other income and/or bank accounts, and Seizure and Sale of Property.
Upon being forwarded a Judgment or Order to be enforced, we obtain the necessary information from you, our Client, to determine the best course of action to collect the debt, instruct the Client on the best, most effective methods to be employed in the particular case, advise of the associated expected cost or agreed percentages, and then proceed immediately.
In anticipation of the execution of an award or simply as a protection of your rights to collect money you may be owed as a result of products or services you have supplied, Liens may be obtained against another party’s property and assets. The Lien prevents the person, company or institution from disposing of assets and is only removed after a full settlement of outstanding amounts. Phoenix Paralegal Services P.C. can assist you to place Liens, as required. These usually comprise one of the following but other types of protective measures may also be pursued:
Construction Liens arise when services or materials are supplied to an owner, contractor or subcontractor and remain in effect until the supplier has been paid in full by the recipient. This operates to prevent the owner from receiving improved land or property without making payment for the improvement. This is especially important to subcontractors who have no direct contract with the owner (and therefore no right to bring an action for payment under a contract). If shown that you you have the right to file a claim on the property, the Lien must be registered within a set period of time and your rights must be further maintained and enforced by commencing an appropriate action within the time frames set down in the Construction Lien Act.
Repair and Storage Liens (Possessory/non-Possessory Liens) don’t just apply to car repairs, mechanics, tow companies and the like. They can also apply to almost any article of personal property against which or in which you might have a financial interest, for instance an article of furniture or a boat. A Lien can arise and be applied in a wide variety of situations provided the applicant complies with the Repair and Storage Liens Act (sometimes also the Consumer Protection Act). Failure to comply specifically with the Act may void the Lien and any claim that might ensue.
Phoenix Paralegal Services P.C. will prepare your Lien and will file and serve it correctly and efficiently. We will ensure the Lien complies with all legal requirements and that necessary steps are taken to further ensure it remains in full force and effect until properly discharged. At discharge, when funds have been fully collected in accordance with the Court Judgment or Order, or when full payment has been received for materials supplied and services rendered by you, we will prepare the appropriate discharge documents and will execute the process on your behalf.