The Collection Process

If you are looking for a "bulldog," you have found it. We stop at nothing to get what is owed to you. We do not waste time with harassing phone calls or tactics, we initiate immediate and aggressive collection efforts to get you the money you are owed. We have found that folks would rather pay money then deal with the headache that we present. This approach has been extremely successful.

You will find that the attorney assisting you will be fair and honest (a rarity among lawyers). The attorney will always give you an honest assessment as to whether you are throwing "good money after bad" or whether there is "light at the end of the tunnel". Throughout the entire collection process, the client will remain well informed and will be given many options on how they would like to proceed. 

The process is generally outlined below:

Demand Letter. We begin the process with a demand letter to the person that owes you the money. This letter is a requirement in the collection process so you will be able to receive an award of your attorneys fees in the event of judgment. Moreover, this letter will serve as a warning that you mean business. Occasionally, a letter from an attorney is enough to make the person pay so that they are not forced to pay both parties attorneys fees.

Plaintiff's Original Petition. We usually file the petition within 30 days of the date of the Demand Letter, but sometimes sooner for those that find a demand letter the least bit frightening. In many cases, the Petition is filed within 10 days of the Demand Letter. For accounts with invoices we always file a special type of Petition known as a Suit on a Sworn Account. This type of action requires the Plaintiff to swear under oath that the account is due and owing and requires that the Defendant answer the action by swearing that the account is not due and owing. If the Defendant does not file a proper answer, the case can be ripe for summary judgment. 

The petition is normally served concurrently with various discovery instruments to obtain information regarding the assets held by the Defendant in an effort to get a jump on satisfying the judgment. 

Motion For Default Judgment. Once he/she has been served the Petition, the Defendant (the debtor) has until 10:00 a.m. of the next Monday after the expiration of twenty days to answer the Petition in writing. If they do not do so, the case is ripe for default judgment. If this occurs, we will prepare the motion for default judgment and forward it to the Court. The Court reviews the motion, usually grants the motion without change and enters judgment in the Plaintiff's favor. The Defendant will not be notified of this prior to the granting of the motion.

Motion for Summary Judgment. If the Defendant files an answer, we usually respond with a motion for summary judgment. This motion will need to be accompanied by an affidavit from our client that the account is due and owing. This will shift the burden to the Defendant to set forth defenses and explain why he/she alleges that the invoice(s) that are not due. Generally the Defendant cannot defend themselves and the Court will award you a judgment. However, if the Defendant can defend the account, we need to discuss the matter in more depth. 

What is a judgment and what does it represent? After you receive a Judgment, we will begin attempting to satisfy the judgment. For a detailed discussion of the post-judgment remedies available, click here. 

If the Court denied your Motion for Summary Judgment: If this happens then the Defendant has presented a defense to your claim. It is likely a poor defense, but enough to overcome a motion for summary judgment. In this case, we need to discuss the case further determine that the money that you are seeking is obtainable prior to your throwing more money into the case. It is not wise to throw $5,000.00 into a case that only stands to earn you $5,000.00. I will most likely suggest that we set the case for trial if this happens.