Legal Question in Credit and Debt Law in California

Re: collections in california

If a strong demand letter from an attorney does not assist you in payment, a lawsuit may entice the defendant to settle and pay. Please call us if you have any questions. We handle some cases on a contingency.

Re: collections in california

You can do one of the following:

A - Send it to a debt collector, who may or may not have success depending on their tactics;

B - Send it to an attorney who can attempt to collect;

C - Sue them with an attorney.

I think attorneys usually are more effective at collecting money because we can be nice (at least some of us) but we can also sue. A debt collector usually cannot file a lawsuit without retaining an attorney. Then you end up paying twice.

Re: collections in california

Hire an attorney on an houly basis. Contact me directly for assistance. Over 20 years experience.

Re: collections in california

Beatriz,

Because you indicate that they have told you they do not have the ability to pay, it is doubtful that a collection agency would have much success. 160 days is unfortunately within a time frame where most debts are not responsive to collection agency practices. You asked about cost efficient means of recovery and in my opinion, you may achieve a quicker and more effective result if you retain a law firm (on an hourly basis and not on contingency) to pursue the debt first through negotiation and then if necessary-litigation. It sounds as though the party has significant assets to satisfy the debt, you may just need to apply a more serious approach to get their attention. Remember that the longer the process is dragged out, more of your time and resources are wasted. I would be happy to speak with you about your situation. I offer prospective clients a free initial consultation. Our firm has offices throughout Southern California, including the Los Angeles area. I look forward to speaking with you.

Yours truly,

Bryan

Stutz Artiano Shinoff & Holtz

Direct: 619.881.1302

Re: collections in california

Simple demand letter; quick lawsuit. One Set of discovery then summary judgement.

Re: collections in california

It depends upon how aggressive an approach you want to take. If you want what is known as "soft" collections, you should start with your in-house staff and then perhaps a collection agency that emphasizes soft collections. Soft merely means a gentle approach.

The agency in general will make calls to the debtor and attempt to resovle the issue amicably, without suit. If the agency after a stated period of time cannot collect, the agency will likely recommend suit or closing the file.

The agency will then most likely charge an additional fee for the suit.

Nearly every agency works on a contingency, meaning that they collect a fee only upon any gross collections they make. No collections, no fee.

Most attorneys (including my firm) do not care about soft collections and instead are hired to sue the debtor. If you are looking for an attorney to sue the debtor, find an attorney that can file suit immediatley.

A decent collection law firm will also handle skip tracing and arrange for locating of bank accounts and other assets. With a judgment, a collection attorney can do many things, including seizure of assets.

If you want to discuss, please call or email.

Good luck.