One of the biggest mistakes Idaho judgment creditors make is assuming that courts will enforce their judgments in the same way criminal courts enforce sentences. That is not how civil court works. Court involvement in enforcement efforts is minimal. But there is one important thing Idaho courts can do for creditors: issue writs.
Writs are legal orders the bench hands down to assist creditors as they seek to collect. There are three main types of writs Idaho judgment creditors should be aware of. Indeed, they are a creditor’s best friend when attempting to collect a money judgment from a less-than-cooperative debtor.
Writs Establish Creditor Authority
So, what is a writ and what does it do? A writ establishes a creditor’s authority to leverage debtor assets for collection purposes. Without a writ, a creditor is left with few options to encourage timely payment. As previously stated, the three most important types of writs to Idaho judgment creditors are:
1. Writ of Continuing Garnishment
The Writ of Continuing Garnishment is a court order allowing a creditor to garnish the debtor’s wages on an ongoing basis. The court issues the writ, and it is served to the debtor’s employer via the local sheriff. The employer is then compelled to withhold a certain amount from the debtor’s paycheck and forward it to the creditor.
2. Writ of Garnishment
The Writ of Garnishment is similar in its effect, but with one significant difference: it is a single-use court order. It is attached to assets held by third parties – usually bank accounts.
Once issued and executed, the creditor can compel the third party to seize all the assets in the affected account. This is on a one-time basis. If the creditor wishes to leverage the same account in the future, a new writ of garnishment must be obtained.
3. Writ of Execution
The Writ of Execution is often the most consequential type of writ in Idaho. It is a court order directing the local sheriff to seize and sell attached personal property like vehicles, equipment, and collectibles. The same writ can be obtained to file a judgment lien on real property that was not automatically attached when the judgment was rendered.
The Relationship Between Writs and Asset Searches
Despite the fact that writs establish a judgment creditor’s authority to leverage debtor assets for payment, too many Idaho creditors do not use them properly. Why? It often boils down to a lack of knowledge regarding debtor assets. This is why Judgment Collectors puts so much time and effort into asset discovery.
Some debtor assets are easy enough to find. For example, it is easy to learn where a debtor works and approximately how much he makes. But other types of assets can be more obscure. Finding them could ultimately be the key to successful collection efforts.
Before we can ask for a writ of execution against a valuable asset, we need to know the asset exists. So one of our strategies is to use every available resource to find assets a debtor has either failed to reveal or is purposely trying to hide.
Let Us Collect for You
Obtaining writs is just one small part of Idaho judgment collection. If you are struggling to collect from an uncooperative debtor, let us do it for you. Money judgments are our specialty.
The Judgment Collectors team will handle asset searches. We will attempt to make contact with the debtor. We will handle all the paperwork, engage with the local sheriff, and take all the other steps necessary to get you paid as quickly as possible.