Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Monday, May 14, 2012

Exemption from wage garnishment

Wage garnishment one of the most common type of garnishment, used by creditors to collect debt, when debt becomes extremely delinquent. It is a Legal remedy authorised by the court and is considered a collection tool of last resort by the creditor. To get an exemption from the court, you must first

The first action to be undertaken by you to get exemption from garnishment is to report a mandatory written document with the country’s clerk office that has recorded court ordered garnishment against you. This financial disclosure will help you to prove that you have no disposable income that can be subject to garnishment. You must fill out a financial disclosure form, before the submission of any garnishment to your employer.

Following the hearing, the Debtor has ten days to fill out and file a financial disclosure with clerk of court office where the judgement is held. This is the initial step to be undertaken in purchasing a wage garnishment exemption.

Answer to question of the financial disclosure, where you need to answer why you feel you are exempt and give details. You also need to respond to queries referring the public assistance that you are receiving or may receive.

Fill up the economic worksheet which will clearly show that your earning is at or lower than the poverty level set forth by the federal government and include all spending your income is assigned to for exemption considerations.

Friday, May 11, 2012

Debt Recovery advice on Court Action

Approaching the court becomes necessary at the point where it is no longer possible to recover the debt through phone calls, or written documents sent to the debtor and the debt collection legal process starts. There was seen a recent decline in the number of claims forms issued between 1998-2004. But with the recent report the graph started to see an upward trend again. To make sure court action is the right course of action to be undertaken or not, one needs to consider certain points-

The primary concern is to think about the costs that you could incur in the process. The amount whether small or big must be given same deliberation.

Think twice before taking court action. It costs less for smaller debts and so is the risk. And more with higher balances.

Ensure that you have tried everything you can at the pre legal stage to recover debt and debtor details that will be invaluable in making your decisions.

Try to negotiate a mutual beneficial settlement with the consumer. Consider the long term value of the ongoing relationship and don’t take a short term view just to recover your money.