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  • Oct 12, 2012
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How Canadian Express Collection Agency Helps You Enforce Your Small Claims Court Judgment

Enforcement procedures begin after a judgment has been rendered in your favor, either by trial, settlement conference, or default on the order to pay. Canadian Express Collection Agency (CECA) will petition the debtor for immediate payment under a specified deadline. As in prior communications with the debtor, our agents will handle this issue with diplomacy and tact.

Criminal court action.

CECA will pursue criminal court action in certain cases. If the debtor is on probation or has a sentencing hearing pending, and has failed to make payments as instructed by us, we can file a restitution or conditional order in criminal court. The judge of record will order the debtor to pay under either of these orders. If the debtor defaults on the payment order, we can re-file the restitution or conditional order in small claims court, provided the debt owed is $25,000, the jurisdictional limit, or less. Any costs accrued through this action will be paid by CECA.

Garnishment.

Certain conditions must be met during the enforcement process for collection of the debt to occur. CECA will determine if the debtor meets at least one of the requirements for collection of the debt. These include cash, material assets, or third-party debt owed the debtor. Confiscation of these resources, also known as garnishment, will enforce the judgment, if successful. Examples of third-party debts include an income tax refund or checking and savings accounts.

Examination hearing.

Another option to enforce a judgment, if the debtor has refused to pay under court order, is to ask for an examination hearing. During this hearing, you can discover what the debtor’s financial circumstances are. CECA’s in-house attorney will attend this mandatory hearing with you. We will also file examination hearing documents, including notices, affidavits, and a Certificate of Judgment, if required. As in a trial, both parties will swear under oath to the truthfulness of their statements.

Court-ordered writ on personal and land property.

During the examination, the court may order a payment plan on the debtor. If the debtor complies with the order, enforcement ends there, unless upon request the court orders confiscation of personal property and the sale of it. The court can also order confiscation of land property. The order or writ can extend to any future land property purchases. This method of collection ensures that the debtor cannot sell or receive payments for the land property until they have paid off the debt. CECA’s attorney will file the necessary affidavit and writ enforcement forms for you to proceed with this action.

Garnishment action.

If the debtor does not cooperate during the examination hearing, they will be held in contempt of court.  But if the debtor cooperates and makes disclosure of their assets, the judge may order the debtor to pay the debt under a payment plan. If the debtor misses a single payment, or sends only part of the payment, CECA’s attorney can file a Notice of Default of Payment and a sworn affidavit. If the debtor ignores the default notice, the attorney can begin the garnishment process after a 15-day wait period.

The next step to collect on the debt is garnishment, whereby you can seek collection of the debt held by a third party. Examples of third-party debtors include employment income or financial accounts.

CECA’s legal staff will advise you on court procedures, handle all paperwork, and work with every legal remedy to get you the debt owing. When you sign a contract with us, it is based on the contingency we succeed in getting the debt paid to you. Otherwise, you owe nothing.

Bobby

Author: Bobby

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