What Can a Debt Collection Attorney Do?

Post by: Eric Jones | Posted Date: August 5th, 2014 |

A debt collection attorney collects bad debts. If you are owed money, the debt collection attorneys at Jones Law Group can help. Borrowers are legally required to pay their debts. As a creditor, you have a right to pursue payments either through your own efforts or with help. Hiring an Ohio debt collection attorney at Jones Law Group can help you collect the debts that you are owed.

When seeking to collect on bad debts there are two options: a debt collection agency, or a debt collection attorney. Simply put, debt collection attorneys can pursue collection avenues that collection agencies cannot. By statute, no collection agency may commence any litigation. A debt collection attorney can prosecute claims in a court of justice on behalf of creditors. The ability to bring legal action, enables Ohio debt collection attorneys greater negotiation power when working with debtors.

Collection Lawsuits

Most collection lawsuits are filed in municipal or county courts. The judges in these courts deal with debt collection matters on a routine basis. Often times getting a judgment in these courts is less complicated, quicker, and cheaper than filing in common pleas court.

After the court enters a judgment in favor of the creditor, the creditor has a legal right to collect on that judgment. The most common form of collection after judgment is by garnishment. Under O.R.C. § 2716 garnishments encompass both personal earnings and the garnishment of property.

How to file for garnishment of wages and properties

In order to receive a garnishment, a debt collection attorney needs to file for garnishment with the Court. The garnishee (the person whose wages or property are being garnished) can request a hearing. The hearing is limited to the narrow issue of whether the garnishment funds are exempt. A garnishment of personal earnings is continuous. A bank or property garnishment is a one-time event.

Ohio law makes property liens available to creditors as a method of payment. In Ohio, a creditor can seize a broad range of assets to satisfy a judgment. Under O.R.C. § 2329.02 a creditor may place a judgment lien upon real property owned by the debtor. To attach a lien, the creditor files the certificate of judgment with the court of common pleas in Ohio. A judgment lien attaches to a debtor’s property for five years.

Commercial Debts

In Ohio, the key difference between commercial collections and consumer collections is the degree of compliance that must be applied to the transaction and resulting collection efforts. The Fair Debt Collection Practices Act and the Ohio Consumer Sales Practices Act specifically exempt commercial transactions. Therefore, we are able to pursue commercial claims with a greater level of tenacity. Contract provisions calling for acceleration of balances due, late fees, variable interest rates, or summary rights of execution by a creditor are much more likely to be legally enforceable in a commercial context. Attorney’s fees are also collectible in many commercial collection matters.

Columbus consumer and commercial debt collection attorneys

At Jones Law Group we collect consumer and commercial debt for the entire State of Ohio. Each debt collection attorney in our firm including our collection staff aggressively collects your accounts receivable. We are the preferred attorney-managed debt recovery solution for a significant number of businesses and organizations in Ohio.

If your portfolio of bad debt consists of delinquent accounts with high balances, and you have already exhausted other means, using a collection attorney may be your best course of action. We are experienced, motivated, and prepared to design a personalized campaign for the immediate collection of your accounts receivable. Get in touch with our Ohio debt collection attorneys today if you would like to learn more about our legal services. Call (614) 545-9998 or contact us online to schedule a free initial consultation with our team.

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