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If someone owes you or your business
money and you have been unsuccessful in getting them to pay,
our law firm may be able to help you. Over the years, Bodwin & Associates,
P.C., has done collection work for individuals as well
as for businesses. Because we do our collection work on a contingency
basis (in other words, you only pay us our fee if we are able
to collect the debt), the financial risk to you is small (you
would be responsible for the filing fee, service of process,
etc). Since collections are regulated by state and federal
law, it is important that these laws are closely followed to
avoid further legal difficulty. Therefore, if someone owes
you money, it would be an excellent idea for you to enlist
the assistance of an attorney who is familiar with collections
law.
We generally begin a collections case by writing to the
debtor and requesting immediate payment. If the debtor pays,
then our attorney fee would be a smaller percentage of the
debt which is collected.
If the debtor does not pay after the
initial letter, we generally file suit in the appropriate court.
We are usually successful in obtaining a judgment against the
debtor in favor of the person to whom the money is owed. Sometimes,
after a judgment is obtained, the debtor decides it's in his
or her best interest to pay the debt rather than to continue
to incur costs and interest on the debt.
If the debtor does
not pay after the judgment is obtained, we have a variety of
tools available to us which can be used to collect your debt
including wage garnishment, seizing personal property, etc.
For some reason, often times a debtor would rather have his
or her debt taken by wage garnishment than paying the entire
amount all at once. The bottom line is, however, whatever method
is used, our law firm is frequently able to secure payment
of the debt.
There are, of course, a few circumstances where
the debtor declares bankruptcy or doesn't work and doesn't
have any personal property to seize. If bankruptcy is declared
(and it has become increasingly difficult to declare bankruptcy),
then it may be impossible to collect the debt. If the debtor
simply doesn't have the assets available to satisfy the debt,
any judgment against the debtor is good for 10 years and then
can be renewed for another 10 years; therefore, the likelihood
that the debtor will have some assets at some point in time
to satisfy the debt is usually pretty good.
If our law firm
can help you with collections, please feel free to contact
us. We do handle the collections on a contingency basis, with
the percentage of the contingency increasing as more activities
are undertaken to collect the debt; therefore, if we are able
to collect the debt with very little work, you stand to benefit.
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