House Springs, MO asked in Contracts and Landlord - Tenant for Missouri

Q: Is there a specific type of lawyer to work with to draft a contract to give to someone to that owes you a large sum of $

Here is the situation: Currently the debtors are working with me, and agreeing to work out payment solutions including legal action if necessary. I want to make sure this next document\contract we sign contains the right words follows the right steps to allow me to collect should this go to a legal matter such as garnishment of wages, or garnishing their tax returns each year till I get the sum of money paid back in full including interest. In the legal world it's all about how its written, the words it contains and full understanding of the agreement so that If reviewed by courts or lawyers they can clearly see it was a well written contract and not a form on the internet and the best thing the debtors can do is to comply with what they agreed to per the contract.

No this is not an evil or scam type contract, simply just want to be paid back for what they owe and for what I did for them when they fell on hard times... Thank you!

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2 Lawyer Answers
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
Answered
  • Landlord Tenant Lawyer
  • Springfield, MO
  • Licensed in Missouri

A: Any contract attorney should be able to help you with this type of agreement. If the debtors breach the agreement you will still have to go through the court process but you can put in provisions that will give them incentive not to breach.

Ronald J. Eisenberg
Ronald J. Eisenberg
Answered
  • Landlord Tenant Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: An option to consider is having them sign a confession of judgment that states you will hold it an not file the document so long as they are honoring their payment plan. There is a Missouri statute that your attorney should follow. Regardless, you cannot have a garnishment issued unless you sue, win, and the court issues it. You cannot garnish the IRS to receive someone's tax return.

I hope this answer helps. Most attorneys who deal in contracts or debt collection could help you.

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