‘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.
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 history and do a preliminary asset investigation. Legal action is generally commenced within the first few days.
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.
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 background 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 one-party 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 costs 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.
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. Rules of Professional Responsibility and legal ethics impose 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.
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.