At Kreis Enderle, our Collections Team handles all aspects of debt collection for our clients. Our lawyers strive to produce fast, cost efficient results. Our Collection Team includes experienced attorneys, paralegals, investigators, and administrative staff. Our Collection Team determines the best approach to each matter; utilizing the most up-to-date collection software and techniques to maximize results.
Time is of the essence in collections. As a creditor, being “first in line” is the key to your success. Our Collection Team understands this, and helps you achieve your goals.
If you are a judgment debtor, our Collection Team determines if the judgment creditor is playing by the rules and following the law in collecting the debt.
Our collection services include:
- Consultation and evaluation of your Collection Matter;
- Sending Demand Letters in compliance with the Fair Debt Collection Practices Act (FDCPA) and Regulations
- Filing Lawsuit and Obtaining Judgment;
- Post-Judgment Collection including Garnishments, Seizure Orders, and Judgment Liens;
- Negotiations Debtor or Creditor for Lump Sum or Monthly Payment Plans.
Why do I need an attorney?
An attorney has the ability to file suit on your behalf, represent you in court, and pursue post-judgment collection. Collection agencies can only send letters demanding payment of the debt or make phone calls to the debtor. Collection agencies are less effective, as they cannot file a lawsuit or take post-judgment action against the debtor.
How much will this cost me?
Costs and attorney fees are discussed at the consultation and evaluation. Our lawyers charge hourly rates and, in some cases, are paid a contingency fee.
What is the lawsuit process and how long will it take?
There are typically six steps to the collections process in litigation: (1) Our attorney will file the complaint in the appropriate court (District, Circuit or Probate). The complaint will set forth the amount owed and underlying basis for your case. (2) If the debtor fails to file an answer to the complaint, the next step is for our attorney to enter a motion for default judgment. The motion requests the court to enter a judgment due to the creditor. (3) If the debtor files an answer to the complaint, the next step would be trial. (4) After the trial, the court issues a final judgment. (5) If the debtor fails to pay the judgment, you may proceed with a writ of execution, issued with the local police, to enforce debtor payment on the final judgment. (6) The final step is post-judgment actions. The creditor now has the right to subpoena the principal of the debtor, seize property, and garnish wages and bank accounts. The creditor can also file post-judgment actions with the court e.g., debtor’s exam).
After I get my judgment, what next?
After you receive your judgment, the debtor will have a certain number of days to pay what is owed. If the debtor fails to pay, you can then issue a writ of execution.
What post judgment action can be taken to collect what I am owed?
You can subpoena the principal of the debtor, seize property, and garnish wages and bank accounts.