Using our Collection Agency Attorney
HOW WE WORK WITH AND EVALUATE COLLECTIONS
Using Our Collection Agency Attorney
When our office receives a collection claim we review the file through an in-depth process to determine the best route for collections. When a debtor is noncompliant we may recommend legal action through one of our affiliate attorneys to force payment from your debtor. These actions may differ depending on your situation but will generally fall under one of two categories, new lawsuits, and post-judgment collection efforts. If our attorney is going to represent you in a new case, they will file the lawsuit on your behalf and collect any judgment the court renders. If our attorney is handling post-judgment collection efforts they will file the necessary garnishments and collection actions to get your judgment collected.
The Review Process
When we review a claim for forwarding through our legal department we want to ensure that we leave no stone unturned in reviewing the case.
- Documentation: Our agents will do an in-depth review of the documentation that you provided to us to ensure that we have sufficient evidence to support your claim in court. If we do not feel that we have sufficient evidence we will provide an in-depth explanation as to why we feel the claim is lacking the merits needed to prevail.
- Statute of limitations: Our agents will review your documentation to verify that your claim is still within the statute of limitations within the jurisdiction the case belongs to. The statute of limitations is the timeframe a creditor has to bring a new lawsuit.
- Venue and Jurisdiction Clauses: Our agents will review your case to make sure that the claim is brought in the proper venue. Bringing a case in an incorrect venue can be a costly mistake.
- Arbitration Requirements: Our agents will review your claim to make sure that there are no provisions of the agreement that can complicate litigation by requiring arbitration which can be a costly endeavor when trying to resolve collection claims.
- Collectibility: If all of the other factors in your claim check out our agents will turn the claim over to our investigative team to evaluate the collectibility of your case. While you may have a case that is solid on its merits, pursuing a debtor through litigation that is out of business, in bankruptcy, or encumbered with other judgments and tax liens already may not warrant bringing a new action. Our mission is to recover funds for you, not bring you into a legal case only to find the debt is still uncollectible despite winning in court. Part of this review includes reviewing the legal structure of the debtor entity, identifying parties that can also be held liable, reviewing credit risks, and assets to warrant bringing a lawsuit.
When Litigation Makes Sense
If our review of the matter leads to a recommendation to proceed with a legal action you will have the opportunity to engage one of our affiliated debt collection attorneys. Our collection attorneys accept placements we send to them on a contingency basis and offer competitive rates based on the volume of placements we send to their offices. Our attorneys will vigorously represent you in court to ensure that we produce an outcome that is favorable to you. The only financial responsibility you will have will be to cover the upfront legal costs such as court costs and filing fees. Depending on the debtor's jurisdiction these fees will vary but are typically less than $1500.00. If you decide not to proceed with litigation we can review alternative collection options.
Why Use Our Attorney Over In House Counsel
Many of our clients ask why using our attorney is more beneficial than using their own in house attorney to bring forth a lawsuit. While having in house counsel can be a great asset to a company, they may not be the best option when trying to collect a debt. There are a number of reasons why our debt collection attorneys are better suited for this matter.
- Experience In Area of Practice: Most attorneys that act as in-house counsel for a company are well-rounded attorneys that have a moderate amount of experience across many facets of the practice of law. Where these attorneys can handle many different types of issues our affiliate attorneys practice debt collections and commercial litigation. Our attorneys understand case law and tactics that will best serve you in your attempt to recover the debt. Think of your in house counsel as to your family physician, they know you and they know your business but if you need surgery you are likely to go to a specialist that handles those types of surgeries. Our attorney is that specialist.
- Location Matters: When bringing legal action to collect a debt location is key. Our affiliate attorneys are located where the debtor is and will oftentimes be a name that they the debtor is familiar with. They see their name on the billboards and hear their advertisements on the radio so they know the matter is serious. In addition to this our attorneys will know the court officers, judges, process servers and sheriffs officers so they will have a good working relationship with the other parties involved in your case. They will also be familiar with the defense attorneys who represent the debtor which may lead to faster settlements and resolutions.
Why Our Attorney Is a Better Option Than Small Claims Court
Many of our clients consider simply bringing an action in small claims court instead of hiring an attorney to bring a lawsuit to collect. While it may be enticing to file a suit in small claims court this may not be the best venue to collect your money. When you file an action in small claims court you are limited to the amount that you can recover. Small claims courts are less likely to award interest and costs and some small claims courts even bar attorneys from practicing. In addition to this winning a claim in small claims court will not guarantee that the debt is paid, you will simply end up with a judgment that will still need to be collected.
Collecting a Judgment If You Already Have a Judgment
Many of our clients come to us for assistance recovering a judgment that they already obtained. Our attorneys can quickly step into your case and use the full extent of the law to ensure that your legal judgment is collected. When collecting a judgment there are many tactics our attorneys will use to try to recover the funds.
- The wage garnishment: In this process funds are withheld from the debtor’s paycheck and
paid to the Court to apply to the judgment.
- Levy and Execution: This process involves seizing the Debtor’s property and auctioning off the property at public sale with the proceeds applied to satisfy the judgment. Each state restricts wage garnishment and levy and execution in different ways. Our attorney always recommends the fastest way to recover.
- The bank garnishment: We seize the Debtor’s known Bank Account and apply those funds to
satisfy the judgment.
- The Debtor Examination: Also known as a “Writ of Inquiry” or “Citation Summons”. The debtor examination is a method to discover the Debtor’s assets. It essentially asks the Court to assist in recovering a money judgment by bringing the Debtor into Court and asking him questions designed to discover the whereabouts of the Debtor’s employment, property, assets,
income, and banking information. If the Debtor fails to appear, a warrant for his arrest can be issued by the Court to compel his appearance.
If you are faced with the challenge of collecting a debt and are considering using the legal process to collect your money contact our office to speak to one of our specialists who will be able to provide you a thorough evaluation of your matter and assist you in pursuing the case using the most effective means available.
We Review Your Claim
We review all aspects of the case to ensure that we are confident that we will win your case and collect it.
We will either recommend legal action through our affiliate attorneys or provide a full report on why we do not feel confident about the case.