What to Avoid When Collecting a Judgment

Avoiding Issues in Collecting a Judgment in California

Once the court accepts a claim to certain damages or debt, the creditor or injured party will receive a judgment. Collecting on this judgment can sometimes prove an arduous and lengthy process. However, acting rashly in order to expedite the process will almost always prove counter-productive in the eyes of the law.

Debtors or individuals expected to pay damages as a consequence of these judgments are guaranteed certain protections from unfair or harmful debt collection practices. In order to avoid earning the ire of such protection systems, creditors must refuse to engage in activities that might be unfair or harmful.

Such activities include;

Phone Communication

Collection agencies are forbidden from calling a debtor once the debtor requests that they not do so. You, as the creditor, are not restricted from calling the debtor. However, frequently calling in order to harass the debtor is unacceptable and can damage your case. When you want to call them, follow the following procedure;

• Identify yourself on the phone when you call;

• Do not call before 8 a.m. or after 9 p.m;

• Do not call the debtor if you know he has a lawyer;

• Do not call the debtor at work if he cannot receive phone calls at work;

• Do not pretend you are a different person.

Avoid following behaviors;

Threatening the debtor is absolutely unacceptable. Harassment carries the threat of a counter-suit and as such should be avoided at all times.

• Do not threaten the debtor with violence;

• Do not threaten to vandalize the debtor’s property;

• Do not threaten to hurt the debtor’s reputation;

• Do not use obscene language when talking to the debtor;

• Do not visit the debtor and refuse to leave when asked to;

• Lying or deceiving the debtor is counter-productive and just as unacceptable;

• Do not claim to be a law enforcement officer;

• Do not falsely represent the amount owed;

• Do not claim to be a lawyer if you are not;

• Do not claim that you are going to put a lien on the debtor’s property unless you have an intention on doing so and will move forward with it following a lack of cooperation;

• Do not claim that the debtor has violated the law;

• Do not claim that you are going to a collection agency unless you have an intention of doing so and will move forward with it following a lack of cooperation;

• Do not forge legal documents;

• Do not use false business names;

• Do not claim to be from a collection agency.

Illegitimate and Unfair Actions In California

Certain debt collection practices are deemed illegitimate and unfair in California.

• Do not include more interest on the debt than there should be;

• Do not deposit post-dated checks prior to the date on the check;

• Do not solicit a post-dated check;

• Do not cause unnecessary phone charges by calling him with toll service numbers.

Collecting a judgment from an uncooperative debtor can be understandably frustrating. However, acting in any manner that goes against the principles expressed above are a liability to any debt collection effort and should be restrained at all costs.

Ultimately the legal process offers creditors serious means by which a debt can be collected, whether it be wage garnishment, liens on property, or withdrawals from their bank account, and as such acting unethically in debt collection often prove counterproductive to the ultimate goal of retrieving a payment sum.

If you have any questions, or require any assistance, the experienced lawyers at Sari Law Firm are alway available to provide clear and concise legal aid in regards to enforcing your judgment.