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Top Tools for Judgement Enforcement
Although receiving judgment against a debtor is a good first step, it is unfortunately no guarantee that you will receive payment. It may be necessary to turn to judgment enforcement actions to collect the money. There are tools and strategies that a creditor can utilize to enforce a judgment.
First, you can determine the "collectability" of the judgment, meaning how likely you are to collect on it and how much it may cost you. Then there are legal discovery methods to obtain information on the debtor’s assets. After that, as a judgment creditor, you can turn to several available tools to compel the debtor to pay. An experienced Illinois debt collection attorney can implement these tools to collect on an unpaid judgment.
Citation Lien
One of the ways to discover debtor assets and income is via a citation lien to discover assets (CDA). This method does not help you directly collect on a judgment per se, but it does provide a better picture of the debtor’s assets so you can strategically pursue action against the debtor.
Wage Garnishments
This legal process allows you to deduct directly from a debtor’s paycheck, or to "garnish" a debtor’s wages. After obtaining a court order authorizing wage garnishment, your attorney will then serve the order on the debtor’s employer, who will garnish the wages directly. Some types of income are protected from wage garnishment, such as social security and unemployment disability, even if you have a court judgment.
Judgment Lien
If you have a court judgment against a debtor and they are not paying the judgment, you may place a judgment lien on their real property. To do so, you will record a judgment with the county recorder in the county where the property is located. The lien will attach to the debtor’s property for up to seven years.
Fraudulent Transfer Litigation
If you suspect or have evidence that the debtor has transferred assets to family members, friends, or companies with the intent to prevent you or other creditors from collecting on a judgment, you can file a claim against the debtor to recover the fraudulent transfer under Illinois law.
Call a Chicago, IL Debt Collection Attorney for Creditors
At Dimand Walinski Law Offices, P.C. we have more than 40 years of experience working on behalf of creditors to collect on unpaid judgments. Our experienced Chicago, IL debt collection attorneys implement strategies using all the available tools to collect on unpaid debts and judgments. Contact our offices at 312-704-0771 for a consultation today.
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