The most orderly way to collect a deceased debtor’s debt is through the creditor’s claim procedure in a probate administration or a claim on a trust. Once a creditor determines that the debtor has died, here are the steps to take to recover on the debt. Continue reading
You’re dealing with a debtor who won’t pay up and you decide to garnish his or her wages. It’s a very technical process, but these seven steps break it down. Continue reading
You can only enforce a judgment in the window between its effective date (with no stays in effect) and the date the judgment or renewal of the judgment expires. The key to getting more time is all in the expiration date. Continue reading
Common scenario: a client comes to you for help in collecting a consumer debt. You should start off by demanding payment on your client’s behalf, and then evaluate any response you get. Continue reading
A debt collection case comes your way, but should you take it? Continue reading
Law firms are getting more aggressive about suing clients for unpaid legal bills. As the New York Law Journal says, what used to be “unseemly” may become routine. But bringing a breach of contract action against a client for unpaid fees is a very tricky business: first, you have to get out of the attorney-client relationship, and then you have to invoke your (hopefully) enforceable fee agreement.
With the economic downturn, consumer debt is on the rise. Not surprisingly, debt collector complaints are also on the rise. There are strict legal limits on how far debt collectors can go, but unfortunately many debtors don’t know about them. Debtors and their attorneys need to know these limits and hold debt collectors to them. Continue reading