Creditor/Debtor Rights

Trying to collect a debt on your own can be time consuming, confusing and extremely frustrating. You can also run into serious legal problems if you do not know what you legally can and cannot do. We are known for legally but aggressively going after people or businesses that owe money.

 

  • Business Collections
  • Judgment Collections
  • Credit Card Defense

Creditor/Debtor Rights

Business Collections

Maybe the first mistake was not having strong enforcement provisions in your contracts.  The law allows you to have contracts and invoices that state that failure to pay will result in interest payments and attorney fees.  Deciding whether or not to file a lawsuit is an important decision and each decision after that is equally important. Knowing which court you can and should file a lawsuit in is a very important decision.  Once a lawsuit is filed we know what steps can be taken to find out what assets the debtor has.  We will vigorously attempt to settle the matter and collect full payment for you prior to going to trial which can be costly for all parties involved.  If a hearing is necessary we have years of trial experience to get the best result for you.

Trying to collect a debt on your own can be time consuming, confusing and extremely frustrating. You can also run into serious legal problems if you do not know what you legally can and cannot do. We are known for legally but aggressively going after people or businesses that owe money.

Judgment Collections:

Certain procedures can be used in conjunction with the Court system to learn the amount and location of money and property that the debtor owns.  If a debtor fails to respond to these methods a Court will issue monetary penalties against them.  We know these procedures and we can ask the Court for these sanctions.  We also work with private companies to find the assets of debtors.  One very effective way of collecting on a Judgment is to file a state lien on a property.  This prevents a person from ever selling a property until your Judgment is paid off. I work with several companies to learn the location of assets of debtors.  If the type and location of a debtor’s asset are know they can legally be seized by a sheriff after the filing of a Writ of Execution.

Credit Card Debt

Have you been sued by a credit card company?   Is a credit card company or collection agency harassing or threatening you with phone calls and letters?

Even if you are in debt you have rights and defenses and each individual case poses its unique facts.  We will help you determine the appropriate solution to your problem.  Pennsylvania has a very high threshold of proof that credit card companies, especially 3rd party credit buyers, must show in order to prevail in court and collect money from you.  It is not enough for these companies to show statements that were mailed to you.  They need to show that they actually own the debt.  We have successfully argued and won cases where the credit card company could not produce a signed contract or papers that show your specific account was purchased. Federal law imposes strict guidelines in the Fair Debt and Collections Practices Act (FDCPA). Are you being called constantly? Are collection or credit card agencies threatening you with what they will do if you do not pay?  These are violations of the FDCPA and proof of these abuses cannot just get the case against you thrown out but you may also be able to recover damages against the companies that were after you for money.