Tag Archives: debt recovery attorneys

Collection Agency or Collection Law Firm

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 Debt Collection Agency or

 Debt Collection Law Firm

When your internal collection efforts have failed, it is time to consider turning the account over to either a collection agency or collection law firm. Your company has to consider whether they want to pursue hard or soft collections.

Soft collections is used when client relationships want to be maintained. Your customer is sent gentle demand letters and telephone calls are made to try and work with your customer to determine the root cause of the delinquency and then to try and establish creative solutions to recover your money in both an amicable and most expeditious way possible. The goal is not to alienate your customer with the hopes that once your customer’s account is brought current the business relationship can continue.

Hard collections are employed when it is apparent that your customer has no intention of or does not have the resources to pay for the services you have provided or for the goods that you have sold and delivered. The telephone calls are made and demand letters are written in a manner to make it clear to our customer that if payment arrangements are not made immediately, litigation may be started to recover your money.

Using a Collection Agency

A collection agency may be considered where balances on accounts are too small to consider filing a lawsuit. In this instance, the debt collection agency can continue to make collection calls and send letters. They can be a valuable resource for a company that has multiple small balance past due accounts. However, collection agencies have their limitations in that they are not attorneys and can only go so far in demanding payment. If litigation is required the collection agency has to outsource the account to a collection attorney and your company will end up paying a higher contingent fee as the collection agency typically charges a higher rate once an account is sent to an attorney.

Debt Collection Agency

Debt Collection Law Firm

A   debt collection law firm can perform the same debt recovery services as collection agency and more. The law firm is equipped to make telephone demands and send collection letters. The collection law firm can also utilize soft collections or hard collections as necessary. Importantly, the debt collection law firm gives your customer a stronger sense of urgency to resolve the outstanding debt. Further a collection attorney is able to file a lawsuit, levy on assets and garnish bank accounts if necessary to collect your money. A lawyer can give provide you with legal advice and opinions onthe best course of action to take an alternative theories in which it may be possible to impose personal liability on officers of the company for the debt even if there are no personal guarantees on the account.

 

Debt Recovery Lawsuit

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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

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.