October 17, 2017
Authored by: Craig Schuenemann
Here is the scenario: You are a creditor. You hold clear evidence of a debt that is not disputed by the borrower, an individual. That evidence of debt could be in the form of a note, credit agreement or simply an invoice. You originated the debt, or perhaps instead it was transferred to you — it does not matter for this scenario. At some point the borrower fails to pay on the debt when due. For whatever reason, months or even years pass before you initiate collection efforts.
Finally, you seek to collect on the unpaid debt. Those collection efforts include letters and phone calls, and maybe even personal contact, all of which are ignored. Then you employ an investigator and an attorney. You eventually obtain a default judgment from a state court, which the borrower (unsurprisingly) refuses to pay. You then garnish the borrower’s wages to pay the debt. You