What if Garnishment doesn’t Work? Canadian Express Collection Agency can File a Writ of Seizure and Sale of Personal Property for You
Canadian Express Collection Agency (CECA) walks you through the entire collection process. Within 48 hours of receiving the account in arrears, our agents will trace the debtor’s whereabouts, if necessary, and make initial contact with them by mail. This first contact begins documentation on the delinquent account.
As the collection process moves forward, CECA will access, process, and update information on the account as it is received. Strict attention is paid to the order in which reports from all credit bureaus are received. We cross-check and verify to make certain the information we have on file is consistent and accurate.
CECA works proactively to get you your money as quickly as possible. If our initial outreach efforts via letter and telephone prove ineffective—although conducted in a respectful and reasonable manner—we seek legal recourse, the final step in collecting the debt. This is where we differ from many collection agencies, who litigate immediately.
Once we file a claim action on your behalf in Small Claims Court, we can move to request a settlement conference. The purpose of a settlement conference is to bring both litigants to the table to negotiate terms beneficial to everyone. Although complete settlement of the action may not happen, issues that have been resolved will make the trial less difficult, costly, and time-consuming.
Once the small claims judge hears our carefully-prepared case, takes testimony from both litigants, and reviews evidentiary material, they may render a judgment in your favor. If the debtor does not begin payments on the debt as court-ordered, CECA begins enforcement actions. This can include requesting an examination hearing.
During the hearing, CECA works to disclose the debtor’s financial information. Besides asking questions about the debtor’s employment information, our attorney will ask the debtor about their personal and financial assets. Personal assets fall into two categories: personal property and land property. Personal property includes:
- household items of worth (plasma TV, valuables, furnishings).
- personal transportation and recreational vehicles (SUVs, RVs, boats).
Land property includes real-estate holdings. Financial assets include accounts held at financial institutions.
If the debtor cooperates and makes disclosure of their assets, the judge may order the debtor to pay 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, three enforcement actions are available:
- writ of seizure and sale of personal property.
- writ of seizure and sale of land.
After CECA’s attorney confers with you about these possible enforcement actions, you can choose the enforcement method that gives you the best chance of recovering the debt. If you choose to move forward with a writ of seizure and sale of personal property, CECA’s attorney will file, on your behalf, an Affidavit for Enforcement Request and a Writ of Seizure and Sale of Personal Property.
The court where you received your judgment will process the request, issue the writ, and mail the original for you to file with the sheriff’s office. The writ is valid for six years and renewable for another six.