A couple hire an attorney to negotiate a work out with the Internal Revenue Service. The attorney convinces the IRS not to seize his client’s wages but to accept a reasonable settlement. The happy clients then promptly rewarded the attorney by stiffing him.
While crying poverty, the now deadbeats purchased a new home for more than double the cost of their existing home.
Shortly after being retained by the attorney and after investigating the location of the deadbeats’ new house, I brought suit. I obtained an ex parte bank attachment and after notice, obtained a real estate attachment.
The deadbeats answered disputing the amount of the debt. I then filed for summary judgment (a procedure of winning the case without the need for a trial). I won the case, obtained the execution and had the sheriff levy and suspend the sale of the deadbeats’ house.
I rejected forcing a sheriff’s sale because of the amount of mortgages ahead of my client’s attachment. Instead, I filed a new complaint seeking to do a wage garnishment.
The deadbeats immediately agreed to pay the entire principal amount due with all accrued interest and court costs.
These examples, as well as those in the Aggressive Debt Collection section of the Web site, show many debt collection tools, such as ex parte bank and personal property attachments, special attachments of fraudulently transferred property, use of a mechanic’s lien and foreclosure. Although positive results don’t always happen, armed with proper paperwork (and sometimes not) my use of an aggressive approach to debt collection pays dividends to my clients. Unless tactically warranted, when collecting commercial debt, I immediately sue and pursue prejudgment security so that when you are successful, there will be something to collect.
The old adage that “he who hesitates is lost” is very true in commercial collections. In an uncertain economy, do you want to entrust your collection efforts solely to those who make minimal efforts for you or do you want action?
Call Attorney Alan M. Cohen, the collection attorney other attorney’s hire to collect their bad debts.