Simply put, collecting money that is owed to our clients through a previously entered court-ordered decree. The Collection of a judgment can present a myriad of technical and legal challenges, but there are laws in South Carolina and elsewhere that provide a mechanism to do just that.
It is always best when navigating through legal waters to employ a licensed attorney who is knowledgeable and proficient in his or her practice area. We practice exclusively in the enforcement/collection of judgments and no other area of litigation. This niche sets our law firm apart from all others in the state and nationwide.
The short answer is yes, it can be very difficult to get the debtor to pay their judgment. Our firm compels payment from the debtor through the means of the laws afforded in each state to collect.
Start with gathering the facts. It is critical to determine if the debtor has viable assets before entering into the collection of the judgment. We offer asset searches before pursuing a given debtor. If the debtor has been discharged in bankruptcy or otherwise possess no assets in which to apply towards satisfaction of the judgment, you may not want to commence enforcement of the judgment.
An exemption is a term used primarily in bankruptcy proceedings when defining assets of a debtor that cannot be applied towards satisfaction of a debt. For example, in South Carolina a debtor has an exemption of up to $1,275 in personal jewelry that cannot be taken by a creditor.
I've hired law firms in the past and haven't been able to collect on judgments, especially in South Carolina, what is so different about your firm?
Simply put, judgment recovery litigation is all that we do. Our firm is built on relationships and results. Relationships-by candidly counseling each of our clients throughout the process and Results by producing recoveries on cases far and wide with the knowledge and experience attained by practicing in this niche area of law.
No, we practice exclusively in judgment enforcement. We do not sue to recover a judgment. Our firm works in post judgment litigation or in other words once a court ordered judgment has been entered.
Yes, we have helped numerous clients collect against a South Carolina debtor with a judgment from another state.
No, we stay in our lane of creditor’s rights and represent judgment creditors (those who have a judgment) only and don’t defend defendants against judgment collections.
Once we commence representation, the case typically takes anywhere from 2 weeks to 6 months to resolve-depending on the level of litigation and complexity of the case. We’ve had judgment collection cases settle the same day of contact with a debtor and other judgment cases take up to 3 years to resolve, but most are resolved within 3-6 months on average.