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  • Oct 12, 2012
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How To Enforce Real-Estate Liens and Writs

Canadian Express Collection Agency (CECA) takes you through the entire collection process. We trace the debtor’s whereabouts and form a relationship sensitive to their present financial circumstances. We do not use aggressive techniques to hound, harass, or threaten them for payment. We conduct our dealings with the debtor to ensure you keep their business for the long term. This effort to retain your debtor’s business sets CECA apart from our competitors.

We file for you all required court paperwork, negotiate a settlement, if possible, and proceed to trial. The judge may render a judgment in your favor. If so, CECA contacts the debtor for payment and maintains communication with them in an ethical, honest, courteous, and professional manner. In spite of our careful efforts to induce the debtor to pay, they fail to do so. CECA will then petition for an examination hearing, but the debtor may still withhold payment.

At this point, three enforcement actions are available to you:

  1. garnishment.
  2. writ of seizure on personal property.
  3. writ of seizure on land property.

Garnishment. Entails collecting the debt owing through a third-party debtor. Examples include holders of employment wages, tax refunds, or financial accounts.

Writ of seizure on personal property. An enforcement step to confiscate and auction off the debtor’s identified personal items to secure payment of the debt amount.

Writ of seizure and sale of land. An enforcement order that keeps the debtor from being able to sell their real-estate holdings until the collection debt is paid off.

A writ of seizure and sale of land is an effective method to collect on the debt. CECA can move at once to file the writ, even though ownership of the land has not been verified.

Advantages of the action are two-fold:

  1. you can move quickly to file the writ.
  2. you can request the sheriff to seize the land almost immediately.

Disadvantages of the action include:

  • limits the sale of land to only the acreage the debtor holds.
  • available equity may be insufficient to pay the debt owing.
  • an upfront and costly deposit is necessary to move forward with the sale.
  • sale of the land cannot occur until six months after the writ has been filed.

CECA’s attorney will determine:

  • what percentage of the land belongs to the debtor.
  • how much equity is available to collect on the debt.

If you decide it is monetarily worth the effort, and enough equity exists to pay the debt, CECA’s attorney will move immediately to begin the enforcement action on your behalf. They will file:

  • Affidavit for Enforcement Request.
  • Writ of Seizure and Sale of Land.

The court where you received judgment will process the paperwork, mailing back the original forms to file with the sheriff. The writ is valid for six years and renewable for another six.

CECA is committed to helping you get your money. From the first contact with the debtor and continued outreach efforts, you have our promise we will always keep the business relationship intact between you and your customer. We will work to reach a settlement to get the debt owing paid to you quickly.

If your case proceeds to trial, we will work tirelessly to ensure a judgment in your favor. We will also file actions to enforce judgment, if necessary. If we do not succeed in getting the debt owing collected for you, you pay us nothing.

Bobby

Author: Bobby

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