Collections Law

NOVEMBER 13, 2024

You’ve gone through the trouble of obtaining a judgment against a debtor, yet here you are, now facing the frustration of having to find money to collect. The debtor seems to have vanished, taking their assets with them. If the debtor fails to appear, the court may issue a capias warrant, leading to their arrest.

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Hudson Weir

DECEMBER 10, 2024

Again, one legal mechanism a creditor can consider when in such a situation is a charging order. Debt recovery options for unpaid invoices Ultimately, there are several steps that any creditor should take before considering a charging order, which is a court-issued and therefore, very serious. What is a charging order?

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Nexa Collect

SEPTEMBER 23, 2021

Several collection agencies have been using electronic mediums like emails, social media platforms, and SMS to contact debtors. To a standard person, it may appear that contacting a debtor either way (traditional or electronic) is the same, a contact made is a contact made regardless of the medium. In fact, many prefer it that way.

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FFGN COLLECT NY

MARCH 6, 2025

A frequently asked question about New York debt collection is whether a creditor can recover the cost of collections, including attorney’s fees. The clause that provides for recovery must make it clear that the creditor is entitled to recover the cost of collection in the event of non-payment.

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Burr Forman

AUGUST 19, 2021

Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Michael Hall – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bet-the-Company Litigation, Litigation – Bankruptcy. Clarke – Real Estate Law. Elizabeth Davis – Environmental Law.

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Jimerson Firm

DECEMBER 10, 2021

Many secured creditors and equipment leasing companies have encountered defaulted debts, where the debtors and lessees retain possession of the collateral, including cars, boats, machinery, or other equipment. What Options do Florida Creditors Have for the Recovery of Personal Property? Self-Help Repossession.

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True Accord

JANUARY 27, 2025

SMS allows creditors, debt collectors, and financial institutions to communicate with individuals in a brief and direct manner, more so than traditional methods such as letters or phone callsor even email. Why is SMS Critical in Collection Communications? SMS offers several practical advantages for both debt collectors and consumers.

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Sawin & Shea

AUGUST 17, 2022

In a Chapter 13 bankruptcy , the debtor agrees to a payment plan instead of having their property taken to pay creditors. In contrast, in a Chapter 7 bankruptcy , the bankruptcy trustee will often use property to help pay off creditors before the remaining debt gets discharged. Transferring or disposing assets before bankruptcy.

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Jimerson Firm

MAY 30, 2024

The Bankruptcy Code provides debtors with a fresh start or an opportunity to reorganize their debts. In doing so, the Code requires all debtors to provide, under oath, a full disclosure of their assets and liabilities. Such property includes causes of action belonging to the debtor at the commencement of the bankruptcy case.

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Jimerson Firm

APRIL 9, 2024

When a court enters a civil money judgment, it creates a judgment debtor and a judgment creditor. If the judgment debtor fails or refuses to pay the amount of the judgment, the judgment creditor may elect to use statutory collection methods to partially or fully satisfy the judgment.

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Jimerson Firm

FEBRUARY 11, 2022

This article will provide an overview of what happens when a property owner files for bankruptcy and what contractors and subcontractors can do with their construction lien rights in bankruptcy to try to protect their interests. However, it may not include subcontractors if they are not already creditors known by the owner.

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PBWT

MAY 22, 2022

Since companies facing bankruptcy usually try to keep an anticipated filing quiet in order to prevent creditors from taking adverse actions, customers may unexpectedly lose control over their crypto assets. Furthermore, a debtor may use or sell its property either in the ordinary course of business or with court authorization.

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FFGN COLLECT NY

OCTOBER 16, 2020

After finally collecting the monies owed to you through debt collection litigation, the debtor wants their money back. Can a debtor really get their money back? How a Debtor Can Get Their Money Back. There are two scenarios in which you’d have to return monies to a judgment debtor following debt collection litigation.

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Nexa Collect

MAY 16, 2021

Did you sponsor higher education for your employee with a commitment to work with you for a few years, but he resigned right after completing the degree? A standard practice among all good collection agencies is to use the Skip Tracing service to find out the latest whereabouts of the debtor or the offender.

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FFGN COLLECT NY

MARCH 12, 2025

The causes of action set forth the facts of your case that support your legal right or legal theory to collect the monies owed to you. This allows the court clerk to enter a judgment on default, assuming the creditors documents are in order. The customer has insurance, and the creditor agrees to accept payment by the carrier.

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Troutman Sanders

JANUARY 29, 2024

As background, in 2002, the debtor and her then-spouse jointly filed a “no asset” Chapter 7 bankruptcy petition. She listed 45 unsecured creditors in her schedules of assets and liabilities, including the $7,400 credit card debt at issue. The court found this argument contrary to the plain text of the Bankruptcy Code.

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FFGN COLLECT NY

FEBRUARY 20, 2025

The New York Civil Rules of Civil Procedure allow collection attorneys to execute judgments right away. Even if you are not ready to force a sale of the judgment debtors property, you can lien the property and wait. Most judgment enforcement is done by the collection attorney without leave of court, which leads to quick action.

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Collections Law

MARCH 8, 2022

As a creditor, the last thing you want to hear is that one of your debtor businesses may be filing for bankruptcy. Cohen LLC know that you must act quickly if you think your debtor will be filing for bankruptcy soon. Cohen LLC know that you must act quickly if you think your debtor will be filing for bankruptcy soon.

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PBWT

MARCH 14, 2021

It’s rare for a debtor in bankruptcy to raise allegations of involuntary servitude and a violation of the Thirteenth Amendment. But one debtor did just that after a chapter 11 trustee was appointed to take over the debtor’s bankruptcy estate. United States (In re Breland) , No. 19-14321, 2021 U.S. Laidlaw Envtl.

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FFGN COLLECT NY

DECEMBER 12, 2023

Is there a law in NYC that protects consumers and debtors from debt collecting agencies, businesses, and their attorneys? In this case, you should uphold your consumer rights to ensure ethical practices during the debt collection process. Why is Debt Verification Important & Why Debtors Should Care?

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Jimerson Firm

FEBRUARY 10, 2022

Generally, if debtors owe a debt to a lender, and the lender cancels or forgives that debt for less than its full amount, the debtor is treated for income tax purposes as having income and may have to pay tax on this income by virtue of a 1099-C filing from the lender. Charging Off” Uncollectable Debt. 1.6050P-1(b)(2)(i).

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Sawin & Shea

JUNE 29, 2022

If, like many, you are struggling with debt and are behind on payments, you may be stressed out by all of the calls you are receiving from your creditors. Creditor harassment is unlawful, and there are many other things that debt collectors don’t want debtors to know to make it easier for them to get away with things they aren’t supposed to.

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Collections Law

MARCH 19, 2025

Cohen & Associates LLC, our experienced commercial litigation attorneys focusing on commercial collections practice aggressive, relentless and ethical debt collection tactics to help Massachusetts businesses and out of state creditors owed monies from Massachusetts debtors collect their unpaid debts.

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UK debt collections

APRIL 12, 2022

The Government introduced the Corporate Insolvency and Governance Act 2020 (CIGA) in March 2020 to help companies to stay afloat during the pandemic and to protect them from aggressive action from creditors. Those debtors who have been hiding behind CIGA will no longer be able to do so.

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Collections Law

MARCH 27, 2023

When you have a commercial debtor who won’t pay but stays in business, they’re using your money to stay afloat. We called this “creditor financing.” Your debtor claims they cannot pay (“CANOPS”), but they’re still in operation. We may also seek a pre-judgment attachment on certain assets, without notice to the debtor.

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Collections Law

MAY 4, 2023

This is often done in an effort to put their money out of reach from rightful creditors like you. When a debtor claims they can’t pay, we know how to investigate the debtor and find out where the money went. These trusts are sometimes called “creditor-resistant.” Sometimes, customers go bad. Are they out of reach?

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Sawin & Shea

JANUARY 19, 2022

When you put the two together, it can cause debtors even more stress. A provision of bankruptcy is that debtors may not acquire any new delinquent balances while under the court’s supervision. Once you have filed your bankruptcy, you will want to make sure you file the right forms come tax season. Filing Taxes After Chapter 7.

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Collections Law

SEPTEMBER 24, 2021

If you are having trouble collecting a commercial debt, you may wonder what you can do to make the debtor pay. Cohen LLC know how to choose the right tools for the job. If your debtor owns real estate in Massachusetts, a real estate attachment could be just the tool you need. How does a real estate attachment work?

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Sawin & Shea

AUGUST 9, 2022

If you have any questions and are considering if a Chapter 7 or Chapter 13 bankruptcy is the right choice for you, our team at Sawin & Shea can help. With a Chapter 13 bankruptcy, the debtor agrees to a payment plan to pay off their debt, which means they don’t have to surrender their property as collateral.

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Collections Law

APRIL 23, 2024

After you secure a judgment, Rule 69 of the Massachusetts Rules of Civil Procedure provides a creditor the opportunity to find a debtor’s money. Under Rule 69, a creditor has the right to conduct discovery into a debtor’s financials. There are few limits to the financial information we can seek.

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Sawin & Shea

FEBRUARY 16, 2022

An emergency bankruptcy is a bankruptcy filing method that expedites the filing process to stop creditors and bill collectors from seeking debts from borrowers. An automatic stay is an injunction prohibiting creditors from collecting debts. It’s not always clear when it’s the right time to file for emergency bankruptcy.

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Collections Law

JANUARY 13, 2023

It is extremely frustrating to discover that your debtor owes other people a lot of money. The more debt they have out there, the smaller the slice each creditor can get, right? Since your debtor isn’t in bankruptcy, we can pursue the debt aggressively. This helps to prevent your debtor from hiding the bacon.

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Jimerson Firm

NOVEMBER 16, 2020

In the event the borrower defaults, usually by failing to make loan payments, a secured creditor has a right to take possession of the collateral. The quickest and cheapest way for a secured creditor to take possession of the collateral is by self-help repossession. Entry Upon the Debtor’s Premises. 679.609, Fla.

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Debt Free Colorado

FEBRUARY 24, 2025

But how do you know if its the right choice? Keep reading to see if this is the right path for you. It works by liquidating non-exempt assets to repay creditors. Understanding Liquidation Chapter 7 may involve selling off some of your assets to repay creditors, but not everything is at risk.

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Roths Child Law

MAY 17, 2024

Exempt versus non-exempt assets Bankruptcy trustees have the right to liquidate non-exempt assets, but the chance of this happening isn’t very high. This prevents creditors from trying to collect debts, which gives the filer a break from letters, phone calls and other collection methods.

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The Kaplan Group

AUGUST 6, 2020

This means that creditors can come after your personal assets to pay off business debt. Creditors can also try to “pierce the corporate veil” and seek payment from shareholders if you pay personal expenses with business funds. You should know that once a judgment is issued the creditor can get a lien. Declare Bankruptcy.

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Debt RR

SEPTEMBER 27, 2020

The good news is that it is your right to collect on debts as long as you follow the right legal procedures. Although commercial debtors do not enjoy the same level of protection as consumer debtors do, this does not mean they are left at the mercy of creditors and debt collection agencies (DCAs).

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