Collecting debts are rarely easy, even if it is from another business. Fortunately, creditors have different attachments to lay a legal claim to a debtor’s assets that are equal to the value of the debt. It can be a provisional remedy that prevents the judgment debtor from liquidating or transferring an asset beyond the reach of the judgment creditor or court jurisdiction while the lawsuit is still ongoing. It can also be a final judgment that authorizes the transfer of ownership to service the debt. There are bank attachments, real estate attachments and keeper attachments.
How keeper attachments work
When the creditor files an affidavit with the court and has a judgment, the sheriff can install a “keeper”. The keeper, usually the sheriff or working under the sheriff, can take custody of the business’ physical liquid assets by remaining on the premises. This attachment can involve collecting all cash and checks on-site, including assets in the safe and those in the cash register. They can also take control of any payments the company receives while the keeper is on the premises. Moreover, the attachment authorizes the keeper to go through the debtor’s mail, searching for additional payment. They can legally endorse or cash checks made out to the debtor seized. The keeper does not seize or keep the equipment. Instead, it allows the creditor to attach their interest to the asset.
Different levies have different applications, and keeper attachments are often very effective with restaurants, retail businesses, dentists, and those that deal with cash and customers daily. Having a keeper on the premises collecting money can also motivate businesses that wish to avoid explaining the keeper’s presence and actions to customers.
Aggressive legal action applies pressure
There are different tools that attorneys can use to secure payment of a debt for a client. An aggressive legal approach is often the quickest and most effective solution. Those businesses with questions can consult with a knowledgeable collections attorney practicing in California to determine if a keeper attachment is the best approach for servicing the debt.