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Basic Steps Of Litigation In A Civil Claim

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Basic Steps Of Litigation In A Civil Claim

Author : Karla Brown

Submitted : 2013-12-23 16:13:54    Word Count : 750    Popularity:   Not Rated

Tags:   collection agencies, collection agency, collections agency, judgment enforcement, collection attorneys, collection agency quote, collection agency service, bill collectors, international collection agency, commercial collection agency

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1. The suit is filed with the Court Clerk. After creating the Court file, service copies of the summons and complaint are prepared and forwarded to the Sheriff's office or process server or mailed, depending on the method of service desired and requested.

2. The Debtor is served with the Court papers. The Debtor has a specific period to respond to the complaint, typically 20-30 days. That time begins on the day the Debtor is actually served.

3. If the Debtor fails to file a response, called an "Answer", to the complaint in the time specified by the Court, The attorney will prepare and file a "Motion to Enter Default" with the Court and will ask that a judgment be entered in your favor based upon the Debtor's failure to respond to the complaint. If the Debtor does file an answer, our attorney will appear at any scheduled hearings or conferences and fully represent you. Many times cases settle at preliminary hearing and you may be asked to approve an offered settlement or asked to give our attorney specific authority to settle your case.

4. The attorney and the Debtor or the Debtor's attorney may file "Discovery". These are specific requests by way of questions or requests to see documents, perform tests, or examine some item germane to the issues in the suit. You may be asked to assist our office in formulating our responses to such discovery, or you may have specific things you think are important and want to obtain from the Debtor.

5. At the appropriate time, our attorney will prepare and file a "Motion for Summary Judgment", a proceeding that asks the Court to enter a judgment as a matter of law in your favor. You may be asked to provide additional testimony by way of affidavit to assist us in preparing that motion.

6. If the case is not resolved through negotiation, discovery or motion practice, the case will be set for trial. At trial, the Plaintiff has the burden of proof and it is necessary to introduce evidence to the Court to prove the elements of your complaint.

7. At trial, upon meeting the burden of proof, a judgment will be entered against the Debtor for the funds due you, or in such other amount as the Court sees fit. In the unlikely event you do not prevail, you, just as the Debtor have a right to appeal the Courts ruling. That appeal time is typically about 30 days. Nothing can be done to enforce the judgment during that time, although interest does begin accruing on the judgment when it is entered. After entry, the judgment is recorded or filed in the county where the Debtor lives. This acts as a lien on all of the Debtor's property, preventing the Debtor from disposing of his property.

8. Once the judgment is obtained, if the Debtor does not pay voluntarily, there are four basic procedures used to collect a judgment.

A) The wage garnishment: In this process funds are withheld from the debtor's pay check and paid to the Court to apply to the judgment.

B) Levy and Execution: This process involves seizing the Debtor's property and auctioning off the property at public sale with the proceeds applied to satisfy the judgment. Each state restricts wage garnishment and levy and execution in different ways. Our attorney always recommends the fastest way to recover.

C) The bank garnishment: We seize the Debtor's known Bank Account and apply those funds to satisfy the judgment.

D) The Debtor Examination: Also known as a "Writ of Inquiry" or "Citation Summons". The debtor examination is a method to discover the Debtor's assets. It essentially asks the Court to assist in recovering a money judgment by bringing the Debtor into Court and asking him questions designed to discover the whereabouts of the Debtor's employment, property, assets, income and banking information. If the Debtor fails to appear, a warrant for his arrest can issue by the Court to compel his appearance. This process, as well as the other methods to obtain payment of your judgment may be used as many times as necessary to insure that the judgment is satisfied.

9. When the judgment is paid, you will be asked to execute a satisfaction of judgment for delivery to the Debtor, releasing the lien created on the Debtor's property.

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Karla Brown is President of AccountsReceivable.com the largest female owned business to business collection agency in America and offers a no recovery no fee service. Call the company at 877-832-2482 or click here http://www.AccountsReceivable.com for a free quote. For more articles please visit http://www.GuideToSmallClaimsCourt.com

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