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Collections

Collections may be as simple as one person owing another money, or as complex as comercial collections for a business. In either event, the process is essentially the same. An initial letter will advise the debtor that money is due and that collection efforts are beginning. This may be followed by the filing of a lawsuit to collect the money due if no response is received. However, some discretion should be used by the client and attorney regarding the collectability of any judgment that is sought. Debtors will often default by not responding to a lawsuit, which typically leads to a default judgment. However, this judgment does not guaranty collection, it only gives the creditor the legal means to collect the money due against any property or wages of the debtor.

Action must be taken to enforce the judgment by filing a Notice of Judgment Lien against any real estate, enforcing the lien by sale of the property, by attaching and selling other property such as vehicles, or by attaching a bank account or wages. If no assets can be found, a debtor can be required to appear in court and testify concerning his or her assets and employment. If no current collection is possible, a judgment is enforceable for 15 years and may be renewed.

Large collection accounts, such as commercial collections, may be handled on a contigency fee basis, while smaller accounts are often handled on an hourly fee basis.

Feel free to call or email me with any questions you might have.