Where Should Your Company File a Debt Recovery Lawsuit
The question is often asked by our commercial debt collection clients where should suit be filed against their customer with delinquent account receivables when their customer is not located in the same State. There are two choices. A debt collection lawsuit can be brought in the State where the client is located or a collection lawsuit can be brought in the State where the client’s customer is located to attempt recovery of the debt.
Bringing a debt recovery lawsuit in the State where the client is located has logistical advantages but, not always the fastest way to recovery debt from a customer who seems to be intentionally ignoring the obligation to pay. It is true that our client may not have to incur the cost of traveling to the debtor’s State to attempt recovery of the debt but, typically if the debt recovery suit is brought in the client’s State the debtor will simply ignore the suit and a default judgment will be obtained. At that point, the client will then have to domesticate the judgment in the debtor’s State to be able to seize the debtor’s assets. This slows down the debt recovery process.
Debt Recovery Law Firm
Our commercial debt recovery law firm recommends that debt collection lawsuit be brought in the debtor’s State. If the debtor is still operating that is where the debtor’s assets are going to be to levy and or garnish. It is true that the client may have to travel to attend trial but, typically if a debtor is simply stalling and not offering any legitimate defenses, our debt recovery attorneys have found that the same default judgment can be obtained in the debtor’s State and debt recovery efforts can begin sooner. In this scenario the client would not have to travel at all. The default judgment could be obtained simply by providing an affidavit as to the delinquent account receivable.
Our debt recovery law firm has a network of highly skilled debt recovery lawyers throughout the United States. Please call our debt recovery lawyers and discuss what the best strategy is to pursue recovery of your delinquent account receivables no matter where your customer may be located.
Marketing our Debt Collection Law Firm and Debt Recovery Services
Marketing our law practice is essential to ensure the continuing growth of our commercial debt collection practice. Our law firm is aware of the important role social media plays in getting our firm’s message across. Our objective is to engage not only our current commercial debt collection clients but, to reach new clients that are having issues collecting their account receivables.
Our debt collection attorneys have created a Blog to write current articles pertaining to debt collection. The Blog posts cover a variety of topics ranging from how to make demand on a debtor for payment prior to litigation, the litigation process, defenses a debtor may raise during a debt collection case, obtaining a judgment, how to collect on a Florida judgment and ways to possibly recover against third parties for the debt if there has been fraudulent activity.
Debt Recovery Law Firm
Our firm has a Facebook Page, Twitter Account, Google Plus Account and Linkeden Page. We use these pages to keep our commercial debt clients up to date and to also share information with others who may have a need for our debt collection services or know someone who does. Part of our marketing strategy of course is to be found by new clients who are looking for our debt recovery services.
Search Engine Optimization “SEO” is an important part of our marketing. Today clients looking for our Florida debt collection services or our Florida debt collection attorneys do not go to the Yellow Pages, most perform a Google Search. It is no secret that if our debt collection law firm is not found on the first page of Google, potential commercial collection clients will not find us. To help our debt collection firm be found on Google, our collection attorney recently enrolled in a SEO course offered by ScaleUP Academy.
The course was presented in ten (10) videos that showed our debt collection law firm simple steps to take and adjustments to make to our web pages. The course was easy to understand and even though we are a debt collection law firm and not web designers or computer programmers, we were able to follow along. We implemented most of the strategies suggested by ScaleUP Consulting. Our collection law firm is now showing up on the first page for Google searches for potential debt collection clients looking for our debt recovery services. We have noticed a significant increase in new debt collection client telephone calls coming into our debt recovery law firm.
How Fast Can Judgment Be Obtained in a Debt Collection Case
Our debt collection client’s frequently ask our collection attorneys-lawyers how long will it take to collect their companies past due account receivables. It is important to note that every debt collection case is unique. Below we will summarize what to expect when your account receivable manager places an account for debt collection with our law firm.
If after a debt collection lawsuit is filed by our collection law firm, the debtor files no responsive pleading to the complaint, twenty (20) days after the summons is served, default will be entered. Thereafter, our debt collection client simply has to execute an affidavit of proof and our collection lawyers-attorneys will prepare a Motion for Default Judgment. In this scenario Judgment can be obtained anywhere from thirty (30) to forty-five (45) days.
Debt Collection Case
If a debt collection case is disputed by a debtor, the timing of a debt collection case depends on the dollar amount of the account receivable. In Florida, if a debt collection account is under $15,000.00 that would put the account in the jurisdiction of the Florida County Court Judicial System. In Florida, debt collection cases filed in the County Court typically go to trial within four to six months after the debt collection case is filed. Debt collection cases filed by our debt collection law firm in Florida that have an account receivable above $15,000.00, put the account in the Jurisdiction of the Circuit Court. Cases in this jurisdiction typically take longer to go to trial than debt collection cases that are filed in the County Court.
As previously indicated, each debt collection case is different. Our collection attorneys-lawyers work with our clients to try and streamline the process and get the debt collection case to trial and secure a judgment as expeditiously as possible. Once a judgment is obtained by our debt collection law firm, our collection attorneys-lawyers and debt collection paralegals will then devise a strategy to then attempt to liquidate the judgement.
We encourage all account managers to call and speak to our collection attorney to devise a comprehensive debt collection strategy for all of their account receivables that have become delinquent. There are many studies that show the longer a creditor waits to take action on collecting past due accounts, the percentage of recovery drops over time.
Collection Attorney Demand Letter
The collection attorney demand letter in a debt collection case is an important tool to the debt collection law firm, debt collection attorneys-lawyers and the creditor who is attempting collection on its past due receivable. The collection attorney demand letter typically is the first communication a debtor receives from a debt collection law firm. The collection attorney-lawyer sets forth the creditors’ position and entitlement to payment on past due debt.
Attorney Demand Letters
The collection attorney demand letter drafted by one our collection attorneys-lawyers is sometimes all that is needed to have a debtor call our debt collection law firm to make arrangements for payment of the outstanding receivable. Other times, the collection attorney demand letter is returned by the postmaster as non-deliverable. This helps our collection attorneys-lawyers establish whether the debtor has simply relocated or if the debtor may have closed its doors. Our collection attorneys after verifying if the debtor is still in business will reissue the collection attorney demand letter.
If the debtor is still operating and there is not a positive response to the collection attorney demand letter and the ensuing debt collection phone calls made by our debt collection attorneys-lawyers, our debt collection law firm will discuss taking further legal action to attempt collection of a creditors account receivable.
Our debt collection law firm can customize the attorney demand letter to be industry specific. Please feel free to call our debt collection firm and ask to speak to one of our debt collection lawyers-attorneys about setting up a debt collection strategy and sending a collection attorney demand letter to your customer.