Is your business owned money? Debts to a company can crush the company.
We represent creditors in collecting large debts. We also represent debtors, ensuring their rights are protected.
We have represented professional service firms, medical practices, small business owners, contractors, and sub-contractors. Debts may involve non-payment of loans, fraud, large unpaid invoices, and other debts.
We have refined our approach over the years to use best practices that improve the odds that our clients recover funds owed to them. Often, we will send out an initial demand for payment. Sometimes, this demand on our law firm’s letterhead motivates the debtor to pay. More often, the debtor refused to pay, so we file a lawsuit. We don’t waste time; statistics indicate a debt is less likely to be paid as it ages.
Once the lawsuit is filed in court, and the debtor is notified of the lawsuit and required to respond, usually within 20 days. If the debtor does not respond to the lawsuit, we can file a motion for default judgment. In essence, this means we ask the court to let you win the lawsuit by default because the debtor failed to timely respond.
At this point, the collection process may begin despite the fact that the debtor is still not cooperating. The court may either garnish up to 25 percent of the debtor’s wages, or it may require the selling of the debtor’s assets such as car, real estate, or bank accounts (known as a lien) to satisfy his debts.
Filing a lawsuit is often best course of action you can take when you are owed money and the debtor won’t pay, because a lawsuit forces a debtor to respond. The one concern is if the debtor has assets, or if your lawsuit will be wasted effort because the debtor files for bankruptcy, discharging your debt.
We understand each case is different, so we listen carefully to our clients’ unique circumstances and goals when preparing a strategy with them. Collaborating closely with clients in strategy development is critical to assure our work aligns with your budget and expectations.
A levy is a method a collector uses to attempt to receive the money that a debtor owes but is not paying. Levies can be placed property, wages, bank accounts or many other sources of income.
Garnishment is a legal process whereby a creditor collects an outstanding debt via a third party—known as a “garnishee.” The third party is ordinarily an employer, bank, or the government. For instance, if John Doe owes $1,000 in an overdue debt, the creditor entitled to the debt may seek to garnish John’s wages, bank account, government benefits, or other assets as a means of repayment.
The state and federal governments declare some assets as exempt. The debtor is allowed to keep certain property so that they are not hurt past financial repair. Exempt assets include, but are not limited to: motor vehicles, necessary clothing, necessary household goods, household appliances, jewelry up to a certain value, pensions, some of the equity in the home, tools of their trade, some of unpaid earned wages, public benefits, and damages awarded for personal injury.