Canadian Express Collection Agency
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  • Oct 12, 2012
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How To Pursue Garnishment and Execute a Lien or Writ on your Debtor’s Property

We protect your business relationship.

Canadian Express Collection Agency (CECA) will take you through the entire collection process. We will track down the debtor, maintain daily contact with them, and establish a relationship that is sensitive to their current financial state. We will not use aggressive methods to hound, harass, or threaten them for payment. We will handle our dealings with the debtor to ensure you keep their business for the long term. This concern to retain your debtor’s business sets CECA apart from our competitors.

We will file all needed court paperwork and motions, work to settle the debt, if possible, and proceed to trial. The judge may render a judgment in your favor. CECA will then contact the debtor for payment, keeping our communications with them, ethical, honest, and professional. But the debtor may fail to pay on the debt. We will then petition for an examination hearing, but the debtor may still remain uncooperative.

We pursue garnishment.

CECA’s in-house attorney takes the next step to enforce judgment through garnishment. This entails collecting the debt owing you through a third party. The third party can be a debtor, who owes your debtor wages, a tax refund, or is the holder of the debtor’s financial accounts.

The attorney files garnishment forms with the court. They include affidavits, notices, and statements for garnishment. The garnishee is notified and sends payment, which the court deposits into an escrow account for 30 days. After the waiting period, the court releases escrow to CECA in your name. CECA releases the collected money from your trust fund to you in incremental payments. Garnishment remains in force for six years and can be renewed twice for the same time period. Unless the garnishment is appealed, you will continue receiving your money.

We execute writs on personal and land property.

Another course of action open to you is to have our attorney file an affidavit and Writ of Seizure and Sale of Personal Property with the court of judgment rendered to you. A waiting period of six months must elapse before the writ can be executed. Under this court order, the enforcement office can confiscate and auction off the debtor’s identified personal items to secure payment of the court-ordered debt payment.

Besides seizing and selling the debtor’s personal property, CECA can go a step further and file a Writ of Seizure and Sale of Land on your behalf. This order keeps the debtor from being able to sell their land until the debt is paid off. Not only that, the court can seize and sell any land purchases the debtor makes in the future. In order to verify the debtor actually owns the property, our legal staff can search the land registry or titles office for the debtor’s record of ownership. If the debtor is identified as the land owner, our attorney will assess if they have accrued sufficient equity to pay on the debt owing. A Writ of Seizure and Sale of Land is in effect for six years, at which time it can be renewed for another six.

We work for your money.

CECA’s attorney and legal staff work together to seek every legal remedy to collect the debt for you. From the outset, we treat your customer with respect and maintain our professionalism through every phase of the collection process.

We work to reach a settlement to get the debt owing paid to you quickly. If your case proceeds to trial, we work tirelessly to ensure a judgment in your favor. And we move to enforce judgment with other legal maneuvers.

If we do not succeed in getting the debt owing collected for you, you pay us no fee. 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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