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Today’s troubled economic environment has made the collection of debts more difficult than ever before. Still, you can’t stay in business if your customers are not paying their bills. While debt collection can be assigned to many organizations, such as debt collection agencies, repossession companies, or even a third party who purchases the debt, the legal requirements of debt collection are complex. A wrong move can be costly if your collection practices are illegal.

Two types of debt

The law recognizes two types of debt:

  • Secured debt: This is debt that is backed by collateral, which reduces the risk by allowing the collateral to be seized if a debt is not paid.
  • Unsecured debt: This debt is backed only by the borrower’s creditworthiness. When a customer fails to pay an unsecured debt, collection of that debt is more difficult. In fact, while secured debt is protected in bankruptcy proceedings, a large portion of unsecured debt is likely to be discharged.

Hiring a collection attorney is your best bet
The Fair Debt Collection Practices Act (FDCPA) governs the practices used when collecting debts owed to you. The FDCPA prohibits many collection practices, including, but not limited to these:

  • Harassment, threats, and other oppressive practices
  • False and misleading statements to you, or about you to others
  • Unfair practices, such as prematurely depositing a post-dated check, threatening to illegally take your property, or forcing you to pay more than you owe

Michael C. Adges understands the provisions of all debt collection laws, including the FDCPA. He follows all legal practices and procedures to collect what you are owed within the confines of the law. Enforcement of judgments
Enforcement of judgments is often considered to be the same as debt collection. In fact, enforcement of judgments is actually a very different and specialized area of law, involving detailed investigation and legal techniques to obtain payment from a losing litigant in a court case, including a bankruptcy.

Once the court case is decided, collection of the judgment is not automatically enforced by the courts. A number of issues can make the debt difficult to collect within a reasonable period of time, including these:

  • If the losing litigant is insured, the insurance company may not pay promptly.
  • The litigant may appeal the judgment.
  • If uninsured, the losing litigant may refuse to pay. In essence, the enforcement of judgment may become a second court case, requiring your attorney to do the research needed to find the assets to be used to pay the debt owed to you.

Clearly, you need an experienced attorney who knows how to do the research and has litigation experience for enforcement of judgment cases. Michael C. Adges knows how to do the research and represent your interests in court.

We customize collections for the best result
Collection agencies typically follow a one-size-fits-all approach to collection. They send out the same stock data collection letter, or they use inexperienced phone collectors to make collection calls from a script.

Michael C. Adges customizes his approach based on your specific situation. Each letter and each phone call addresses the details of the case. The debtor instantly knows that you are represented by someone who understands the case and knows the law.

Contact us
If you are facing a personal financial crisis and you need an attorney, contact the Law Offices of Michael C. Adges at 516-742-1741 or contact us online.