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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 54714
Experience:  Attorney with 29 years of experience.
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Need to stop now. I will continue with your help tomorrow

Customer Question

Need to stop now. I will continue with your help tomorrow
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

In my experience, as I mentioned, the letter usually does the trick. But, if not, you would need to file a suit. Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if he doesn’t then pay the judgment, you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court again and answer questions under oath about his assets. After that information is obtained, you have the power to attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property he owns to satisfy the judgment. In my experience, simply filing the suit is typically all you need to do to resolve this outside of court because most of the time, once served with a summons one is being sued, your debtor will want to settle out of court to avoid the judgment being on his permanent record.

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