It is always a frustrating experience to be owed money which you are unable to claim. In addition to the mental aggravation associated with missing out on a payment you have been expecting, there are obviously significant financial repercussions, particularly where large sums are concerned. It may be your experience that you are financially victimized due to nonpayment. On a personal level, you may be rendered unable to pay off a bill or debt, or to make an important purchase. On a commercial level, you may be unable to open a new business relationship, or initiate a new phase of development for your company, because the funding you were counting on simply isn’t available to draw upon.
There are Ways to Collect, We Can Help
If someone in Pennsylvania owes you money, you don’t have to resign yourself to the loss: you can take decisive legal action in order to obtain the payments you are entitled to receive. At Berkowitz Klein, our litigation attorneys are veterans of Pennsylvania business law, with over 30 years of experience serving clients from a diverse array of industries and communities. We have more than three decades’ worth of expertise litigating on the behalf of clients who are suffering damages as a result of financial misconduct, and in our many years practicing both personal and business litigation, we have encountered and overcome virtually every obstacle, issue, and technicality a case can present. Whatever the details of your situation may be, our Pennsylvania lawyers are ready to help evaluate your case and represent you in court.
Filing and Enforcing a Judgment Lien
One of the most common ways individuals and businesses can regain their financial losses is by filing a judgment lien. But while utilizing judgment liens can be a highly effective technique for financial recovery, the process can be complicated.
Just because you have been awarded a judgment by a court, doesn’t always mean it will be satisfied in a complete and timely manner. If a company or individual continues to refuse to make payments after you have been awarded a judgment against them, your next step is to obtain a writ of execution. A writ of execution is a document which proves that you won a judgment, and that the judgment was recorded. Once you have obtained a writ of execution, you can use it to file a judgment lien against an individual or company’s property or bank account.
Unfortunately, wage garnishments are extremely restricted in Pennsylvania. In Pennsylvania, wage garnishments may only be applied against certain kinds of debt, such as unfulfilled child support payments, late payments toward student loans, and back taxes. Where wage garnishment is permitted, the typical threshold for collection is 10% of total income.
However, just because wage garnishment laws are strict, doesn’t mean that seeking garnishments is a useless endeavor. When someone owes you money, garnishing their wages can make a significant difference toward your financial recovery. An experienced litigation attorney can help navigate the complex Pennsylvania garnishment laws and get the most out of your case.
Prejudgment Writs of Attachment
Sometimes, even when a judgment has been awarded, the debtor will attempt to evade making the payments that the judgment mandates. One method of tackling this problem is filing a judgment lien. Another method is to file a motion for a prejudgment writ of attachment. Essentially, a prejudgment writ of attachment blocks a debtor from transferring or otherwise concealing their financial assets as a means of avoiding fulfilling a judgment. If you have been awarded a judgment, it’s of little use if you can’t effectively collect on it. A prejudgment writ of attachment ensures that your financial interests will be protected.
If someone in Pennsylvania owes you or your business money which you have been unable to collect, you deserve to be empowered to obtain the payments which you are rightfully owed. If you haven’t been able to successfully collect a payment in a complete or timely manner, pursuing an aggressive course of litigation against the individual or company at fault can be a highly effective technique for full financial recovery.
To arrange for a confidential evaluation of your case with experienced Pennsylvania commercial collections attorney Gerald Berkowitz, click to contact us online, or call our law offices today at (610) 889-3200 (ext. 1).