The Strength behind the Till Tap:
In the ever-evolving landscape of debt collection, being awarded a judgment is just the first of many obstacles a creditor must overcome. The most common and difficult of obstacles are the debtors who either refuse to pay their debts, refuse to honor a judgment against them or simply do not care who or how they have affected the creditor with their failure to pay their debts. In such cases, a Till Tap is a powerful tool to enforce judgments. This comprehensive blog will explore the power of Till Taps, when it is necessary, and explain when a Till Tap is the most appropriate debt collection action to take.
Prepared by The Law Office of Bryan M. Grundon, a California-based practice specializing in Post Judgment Recovery, Enforcing Sister-State Judgments, and various other debt collection practices. As an experienced firm, they are equipped with extensive knowledge and expertise to help you successfully recover the judgment you were awarded. Now let's first take a look at the procedure behind Till Taps.
Understanding the procedure known as the Till Tap:
A Till Tap, a post-judgment enforcement tool, is used to recover money from a running business. In this blog, we go over the laws and procedures for a Till Tap in the state of California. The process starts with obtaining a court judgment against the debtor, followed by securing a writ of execution, which authorizes the Sheriff's office to execute the Till Tap. You then send the writ with instructions to the Sheriff’s Office along with a fee to set up the Till Tap. It's also a good idea to double-check the business license at the premises matches the name of the judgment debtor on your judgment.
Once everything has been submitted to the Sheriff's office they send a deputy to the business to physically empty the cash register. Everything in the till at the time the sheriff arrives is taken and applied toward satisfaction of the judgment. This disruption prompts the debtor to address their outstanding debt and fulfill their financial obligations. A Till Tap can be executed immediately, the power of till taps allows the Sheriff's Deputies to enter the business's premises and remove the entire register's cash holdings unless the debt in question is less than the entire cash holdings in the register at the time of execution.
The Power of Till Taps:
Till Taps wield considerable influence as an effective tool for debt collection. By intercepting the debtor's cash flow, Till Taps create a strong incentive for debtors to prioritize settling their dues. The power of a Till Tap comes from the ability of the Sheriff’s office to seize all cash holdings immediately upon execution, without recourse to deny or disrupt, a debtor in many instances may consider settling their debt or approach the creditor with an offer to ensure that further and more aggressive collection efforts are not pursued, such as Bank Levies or a Keep Levy.
The Till Tap: Empowering Post-Judgment Recovery from the Start
A Till Tap can be used the moment a judgment has been awarded, and is a necessary and powerful tool that can be used at the beginning of the post-judgment recovery process. If a judgment has been awarded, and the debtor is an entity with a physical and open business, attorney Bryan M. Grundon who specializes in debt collection and post-judgment recovery in the state of California suggests that the use of a Till Tap is appropriate in many instances immediately after the judgment has been granted, and is one of the first tactics he uses in the recovering of a debt for his clients whose debtors fall in this category.
When the Power of Till Taps isn't enough, execute the Keeper Levy:
A Keeper Levy and a Till Tap are both debt collection enforcement mechanisms. The key difference is that a Keeper Levy grants the Sheriff's department an extended period of control over the debtor's cash receipts, while a Till Tap involves seizing cash receipts for only one moment. Both involve the seizure of cash from the operating businesses register, but the Keeper Levy bars the business from accepting payment other than cash during the Keeper Levy and seizes all the cash deposits in the determined period of time.
When a creditor or the legal representative for the creditor is attempting to get a debtor's attention, a Till Tap will be commonly used. The Till Tap is less disruptive than a Keeper Levy. Keeper Levies are more disruptive and detrimental to a business's operation and are used as a more serious measure in the collection of a debt, and can be substantially more expensive on the debtor. Therefore, a Till Tap can be used to bring attention or act as a warning to debtor's who fail to honor a judgment against them. To learn more about Keeper Levies click here.
Conclusion:
In the realm of debt collection, a Till Tap stands out as a powerful tool to enforce the collection of unpaid debts. Understanding the procedure of a Till Tap, recognizing its power to disrupt cash flow, and knowing when to employ it, is necessary to successfully recover a debt. In certain scenarios, opting for a Keeper Levy may prove to be a more practical choice. Want the exact statute referring to Till Taps & Keeper Levies in California? Check out the San Diego Superior Court website here. By utilizing these enforcement mechanisms strategically and within the bounds of the law, creditors can assert their rights and empower debt collection efforts effectively.
Seeking to collect a debt from a debtor after being awarded a judgment in the state of California? The Law Office of Bryan M. Grundon can assist and advise you of your rights and various debt collection practices that are most suitable for your unique situation or to the specific judgment you have been awarded. To learn more about the power of till taps, post-judgment recovery tactics, and other debt-collection tools or if you need expert legal advice from a veteran in the business, contact Bryan M. Grundon today!