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What
is your success rate? Our
most frequent question is "Will you be
able to collect my money?" Everyone wants
a lawyer who can say "YES". We
believe that if anyone can collect, we can.
Because our business is collection, we collect
more money, more often than most other
lawyers. Our success rate depends on many
factors and even before we investigate and
attempt your case, we can get a good idea of
collection prospects. Certain cases, for
example, are highly collectable. High
probability of collection success is often
indicated by:
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A
very recent debt; and/or Lavish
life style of an individual debtor; and/or
Operating businesses;
and/or Excellent
credit history; and/or Occupational
or professional licenses of debtors;
and/or Generally
stable history; and/or Supportive
family; and/or Strong
financial statement or substantial asset
ownership; and/or History
of reliance on obtaining credit; and/or
-
Debts
under $75,000.
A lower
probability of collection occurs in cases that
are:
-
Very
old; and/or Against
corporations that are out of business;
and/or Against
outright thieves, such as those in jail or
who are being chased by law enforcement;
and/or Against
those who have, or will be, filing for
bankruptcy protection; and/or Against
those people whose lifestyle tends to
indicate no assets now or in the future,
such as alcoholics, drug abusers, chronic
gamblers, those chronically on welfare,
the terminally ill; and/or Huge
debts; and/or
-
Large
IRS tax liens.
How
soon can you collect for me?
Some cases are collected within the first 30
days and others are never collected. In
general, most successful collections become
apparent soon after the lawsuit is served, and
generally we know if the collection will be
easy, even if contested, within the first 120
days. While it is sometimes possible for
debtors to delay in court for months or even
years, most collection cases are easy to win
and harder to collect than regular court
cases. That means, even in a contested case,
we can provide you with a good projection
quickly.
When
will you begin? We
generally begin your case almost immediately
upon receipt of your file and instructions to
proceed based on our retainer agreement.
Typically, the debtor first hears from us when
served with the lawsuit documents. We
typically do not make phone calls, send
written demand letters, or otherwise waste
time with non- court related action unless
required by law to do so. Any such action only
comes after the lawsuit is well underway and
the debtor's time is ticking, not yours.
When
we receive your file, we set up a formal
collection file, begin investigation into the
location and identification of the debtor,
check credit history and do a preliminary
asset investigation. Legal action is generally
commenced within the first few days.
Will you compromise my claim?
Only you can approve a compromise! We will do
our best to recover all of your money, and we
won't compromise your claim without your
consent. If we receive any written offer, we
will communicate it to you for your decision.
If we receive any legitimate oral offer, we
will also communicate it to you for your
decision. Ultimately, settlement or compromise
will be your decision.
Do
you take payments? We
always demand full immediate payment. Very
frequently, the threat of litigation or the
filing of proceedings with the court motivates
the debtor to pay all of the debt immediately.
In some circumstances, payments may be the
only way to collect your money. If it becomes
apparent that a debtor must make payments, or
that we can get your money faster with
voluntary payments than by waiting to fight in
court, we will recommend a structure for the
recovery of your money in such a way that you
get it or we have the immediate right to seize
assets and interrupt income stream. Remember,
it will be your decision to accept time
payments.
Do
you accept all cases? If
your case is good, we can locate the debtor,
and there is good reason to believe we can
recover, we will generally take your case. We
take cases on both a contingent fee and hourly
fee basis. On contingent fee, we become your
partner in the debt. You supply the case and
we devote the time toward attempting recovery.
In an hourly fee case, we believe in the same
partnership theory. If we wouldn't pursue your
case on a contingent fee, we are reluctant to
pursue it on an hourly fee basis. You should
review the topic of "Contingent
fee or Hourly fee" if you are
uncertain of what fee type your case is best
suited for. Before
we accept a case, we attempt to make a
preliminary determination that there is a
reasonable probability we might be able to
help you. Helping you collect your money also
means we collect on our contingent fee. If we
feel there is no reasonable basis to believe
we can help you (and consequently there is no
reasonable basis to believe we can earn a
contingent fee) we thank you for the
opportunity to review your file and you can
pursue some alternate arrangement.
Will
I ever have to pay more than the initial cost
deposit? On
contingent fee cases we request an initial
deposit to cover the initial out-of-pocket
costs of beginning your action. For example a
new case will require a filing fee with the
clerk of the court, fees to the process
server, minor costs for the credit check, the
preliminary asset database check, searches
such as a Secretary of State search, a real
property search or similar minor costs. You
should review the section "About
Costs" for more information on what
the out-of-pocket costs are and how they can
be recovered. We
are pleased to put our time into your
collection action on a contingent fee basis as
your partner. We request you show your
confidence in your case by providing the token
funding for the minor costs and expenses.
A typical case
is handled to judgment within the initial cost
deposit. Any subsequent costs are similarly
minor. If the case proceeds all the way to
judgment, there may be minor charges for
recording liens, obtaining orders for court
appearances, and for the sheriff to seize a
bank account. If we are required to seize
major assets (such as cars, land, etc) which
may require higher costs to the sheriff or
others, we will consult with you first for
approval of any significant expenditures.
What
personal involvement will I have?
When we receive a new file, we conduct our
investigation and file initiation. As part of
that process, we will call and interview you
on the phone for relevant facts, information,
ideas, and tactics. We try to develop a
feeling for who our target is and what the
best plan of attack is. We
generally do not require an initial meeting
with our clients. In most cases, there is no
need to hold a face-to-face interview. You are
not required to visit our office or travel. Of
course if you wish to meet us, face-to-face,
you may schedule a brief appointment after
your case has been accepted and acted upon to
review progress.
How
do you disburse proceeds from my collection?
All money collected is deposited to our
"clients trust account". After we
are certain that the debtor's payment has
cleared, the money is disbursed to you and to
us. We do not receive payment on contingent
fee cases until you do. That is why we move to
clear funds and disburse promptly. We usually
disburse all cleared funds weekly. The
California State Bar Association has rigid and
inflexible rules governing trust money. It
must be held for the benefit of the client
only and no commingling or inappropriate use
is allowed. All of your funds are insured and
held in FDIC designated beneficiary accounts.
What
if you can't collect for me? While
we collect on most of our cases, in the
history of our practice, there have been some
cases where we were unable to collect. Since
collection is our business, cases are our
inventory. We don't want stale inventory or
non-current inventory. If we are unable to
collect, your case will be returned to you
promptly. If your case is returned to you, you
can take it to any other lawyer you select and
we will relinquish any contingent fee
interest. If we don't feel we can collect, we
don't want to keep the case and continue
devoting time toward it without optimism.
Our only
exceptions to the waiver of contingent fees if
you request your case back after giving us a
chance to attempt collection, are (as stated
in our retainer agreements) when we are still
actively pursuing a case and collection
prospects are good or when a client directs us
to discontinue for their own benefit, such as
when the client has made a direct settlement
and tries to avoid payment of our earned fee.
Who will answer my
routine questions? Your
case is immediately assigned to one of our
Legal Assistants who will be available to you
anytime you choose to call. You can discuss
intake, tactics and strategy, collection
prospects, settlement status and similar
important matters. You may request status
information from the assigned legal assistant
at any time and you will usually get a regular
status report which will include a follow-up
date. We invite you to call us to discuss your
case whenever you want. You are the client and
we are here to help you.
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