Frisco and Plano Debt Collection Attorneys
After delivering quality goods or services, denial of timely payment is frustrating and improper. Yet, commonly, debtors unfairly walk away from their debts. If you have been unable to collect the money owed to you, Albin Roach can advise you of your legal rights and take decisive actions to protect your interests.
Tactics for Collecting on Debts
The manner in which we approach debt collection depends on the specific facts of your case. We tailor our services to increase the efficiency and amount of your debt recovery. Some tactics we may use to collect on a debt are:
- Writing a demand letter — Often, debtors respond to our letter demanding payment. This may occur even after a debtor has ignored your repeated requests. Our letter makes clear that you intend to take further legal action for nonpayment.
- Negotiating a settlement — In an appropriate circumstance, our attorneys may suggest negotiating a settlement with the debtor. For example, if the debtor does not have enough assets to pay off her or his debt in a lump sum, we may consider creating a payment plan that the debtor is able to follow. Or, we may orchestrate waiver of certain fees in exchange for complete payment of the debt, and hence avoidance of expensive and time-consuming litigation.
- Obtaining a court judgment — If the debtor refuses to pay the debt, we may recommend taking your case to court. In many cases, you are able to handle your claim quickly through arbitration. However, we advise if trial is a more appropriate forum for your particular case. Upon successful conclusion of the arbitration or trial, you receive a judgment that orders the debtor to pay and gives you authority to collect on the debt.
- Placing a mechanics lien on property — A lien gives you rights to the property of the debtor. You are typically next in line for payment of debts after the IRS, Collins County Tax Assessor, mortgage holders and other businesses or people who placed a lien on the property before you. A mechanics lien ensures you will receive your payment out of any proceeds left after priority creditors collect on their liens when the property is sold.
- Garnishing the debtor’s wages — You may benefit from a court order instructing the debtor’s employer to pay you directly. An order of wage garnishment requires the employer to deduct a specified amount from the debtor’s paychecks. This is only allowed in very specific circumstances.
- Advocating for creditor’s rights in bankruptcy — Bankruptcy reduces or forgives many of the debtor’s debts. As part of a Chapter 7 bankruptcy, however, the trustee may order liquidation of assets and payment of creditors with the proceeds. The trustee sets up a court-monitored creditor repayment plan under Chapter 13 bankruptcy. Our attorneys defend your rights to receive a portion of your debt out of any funds collected by the bankruptcy courts.