2 possible legal solutions for collecting on an unpaid debt

On Behalf of | Nov 13, 2021 | Civil Litigation |

Collecting an unpaid debt isn’t easy. Some people will turn off their phones or change their numbers just to avoid collection calls. 

Eventually, creditors may need to take legal action when a person who owes them money refuses to pay. If you file a lawsuit against a debtor in Georgia, you can potentially ask the courts to help you collect on your debt if they rule in your favor. 

What are the two most common ways for a judge to help you collect on a debt?

Through a lien on personal property

After a ruling in your favor in a debt case, you may be able to ask for a lien against the personal property of the other party. A real estate lien would stop someone from selling or refinancing the property without first repaying you. 

Sometimes, the services you provide give you strong standing to request a lien. A construction professional, for example, can ask for a mechanic’s lien against a property where they did work for which they were not paid. Even unrelated debts could result in a lien, as creditors like hospitals can sometimes play a lien against someone’s primary residence for unpaid debts.

Through the garnishment of someone’s wages

When someone doesn’t have significant personal property or when you aren’t in a good position to request a lien, the garnishment of their wages may be a better option. 

There are certain restrictions on when you can request a garnishment. It may not be an option for those who earn low wages. However, garnishments can be a way to collect a portion of your debt every week or every other week until it is finally paid in full. 

Understanding how the courts can compel the other party to repay you can motivate you to take legal action to collect an unpaid debt.

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