Assuming someone has a debt which has not been paid, there is sometimes little choice but to file an action directly against the person who owes the debt. Hopefully, you will be able to obtain an order from the court which would represent the indebtedness owed to the plaintiff.

Normally it is an easy task to establish the debt. However, the collection of the debt after the judgment is sometimes the more difficult task. Post-judgment interrogatories and other discovery methods are often required. The collection attorney should obtain a FiFa and record the same on the General Execution Docket.

Other collection efforts should proceed, which sometimes include a motion to compel and a motion for sanctions. On some occasions the court will incarcerate the defendant if he or she willfully refuses to comply with the court order to respond to the discovery or pay certain attorney's fees, if so ordered by the court.

Call McFarland & McFarland today. 770-889-2522