Navigating the Legal Process

From the strict processes which must be followed, to the proper documents being filed, collecting on a debt through the legal system can be a daunting task.

As an attorney with over 15 years in the collection industry, Chesapeake Corporate Services, Inc. owner Neil W. Steinhorn has a detailed understanding of the proceedings and will help you every step along the way:

The Post Judgment Process includes:

  • Locating an employer so that a wage attachment can be filed
  • Locating a bank account so that a bank attachment can be filed
    • If the above cannot be located, then a further Court Petition is filed, an “oral exam” which summons the person to Court to testify as to their assets.

The first hearing is an “Oral Exam.”

  • The Debtor is served with papers that tell the defendant to bring to court all bank records, work records, etc. so that assets can be established. The Creditor is allowed to question the Debtor about the assets.
    • If the debtor does not appear (most debtors never appear), then a second hearing is filed.

This second hearing is called ” Show Cause for Contempt.”

  • Again, additional court cost are needed to file the papers and again serve the Debtor.
  • The Debtor is again ordered to bring all asset records with him.
    • If the Defendant does not appear, then the Court requires that a subsequent Petition, a “Show Cause” Petition is filed.
      • Should the debtor not appear for the Show Cause a “Body Attachment” is filed so that the debtor is arrested.

Our office will provide to our client a status report on a thirty day basis and upon request at anytime. 

Once a judgment is entered, there is a 30 day period given by the Court for the judgment to become final.

After 30 days, as creditor, there are several ways to begin to collect on the judgment:

  • Locate Employer for wage attachment
  • Locate Bank Account for bank attachment
  • or continue with Post Judgment Hearings

Therefore, it may take at least one, if not more than three separate hearings ( all with additional Court costs ) just to learn if the Debtor has any assets that can be seized to pay the judgment.

Obviously, should the Debtor be unemployed; have no bank account; own no property, you could have spent many, many months and a considerable amount of Court costs just to learn that you cannot collect on your judgment.

Also, in a lot of cases, you are most likely not the only Creditor, so after all the Court proceedings, the Debtor can always file a Notice of Bankruptcy.

It should also be kept in mind that even though you may have a judgment against someone who owns a home, and as a Creditor you do have the right to file a Petition to Foreclose on the property-the mortgage holder comes first after the home is sold. Therefore, unless the home is significantly increased in value to have substantial equity in the property, it is just not financially a good idea to proceed with a foreclosure sale.

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Navigating the court system can be difficult, please contact us so we can begin working to collect your debt today.
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