Collections/Enforcement of Judgments
What if I want to do the collection action myself, can you assist me?
Yes. We can do legal documents for you and we can consult with you on an as needed basis. For small debts this may be your best approach. We can help you with a summons & complaint, a small claims court action, written discovery requests, a debtor's exam, a post-judgment wage garnishment, liens, writ of execution, or updating a judgment with new costs incurred, interest accumulated, or payments made. Whatever you need, just ask or make an online document request.
Can you represent me in my collection matter?
Whether your need assistance with post judgment collection or whether you need a lawsuit filed to obtain a judgment, we may be able to assist you. We can also enter a sister state judgment here in California, or file for judgment on a foreign judgment. Give us a call if you need representation in the Tulare, Kings, or Fresno County areas.
What if I already have a judgment?
The real tasks if you already have a judgment are (1) finding the debtor and (2) finding assets that can be used to satisfy the judgment. Pursuing the collection of a judgment does not benefit you if your debtor cannot satisfy the judgment. Unfortunately, attorneys cannot guarantee results. We'll need to find out as much information as possible about the debtor - identification information, employment, and assets.
What if I don't have a judgment?
Every collection action must be independently reviewed. We will need to review the documents that establish your claim against the debtor. We'll need to see any written contract, written agreement, applications, notes, promissory notes, payment history, statement of account, letters, invoices, delivery receipts, etc., that can substantiate your claim. We'll need a statement regarding the applicable facts and circumstances surrounding the claim, as well as any defenses you anticipate will be raised by the defendant(s). We'll need to know if there are any witnesses that can substantiate your claim or the facts and circumstances surrounding your claim.
Will you compromise my claim without my consent?
How do I pay for a collection case?
On a case by case basis, you will either pay a contingency fee (percentage of recovery) or you will pay an hourly fee. Because of the uncertain results in a collection case, costs are your responsibility and a costs retainer will be required. If we take the case on an hourly basis, you will also need to provide a retainer for attorney fees. Any contingency fee is negotiable and is based on the size of your claim or judgment and the likelihood of monetary recovery. Our goal is a financial win-win situation for both client and attorney.