How can I use the law to collect unpaid debts?

When all attempts at collecting unpaid debt fail, it's time to use the law. Most cases fall under the small claims court although the actual amount may put the collector into a different court system. You may not ever actually receive the money, but you will put a mark on the debtors credit rating until they decide to pay up.

Using the Courts to Collect Unpaid Debts

The process starts out by filing a motion at the county courthouse. It's best to file in the county that the debtor lives in for expediency. After the motion has been filed, the collector must make sure that the debtor is properly served. Check with the court clerk to find out if it has to be done by process server or if registered mail is acceptable. Both parties need to be in court on the date that was set at the time of filing. A no-show of the plaintiff/collector will result in a dismissal. When the debtor/defendant doesn't show, the judge may either continue the hearing or make a judgment in favor of the plaintiff. A judge may go further and allow for garnishment of the debtor's paycheck or checking account for repayment.

Consult a Lawyer

A lawyer will provide the best results for collecting a debt. It shows to the debtor that you are serious about collecting the money. While the lawyer will most likely take a cut out of the money that's been collected, it's better than trying to go through the process pro se.