Defending Against and Collecting Judgments
COMMERCIAL COLLECTIONS & DEFENSE
We litigate and defend commercial collection actions. In a consult, with a creditor, we discuss both the merits of the claim. The goal is to put as much money in the client’s hands as efficiently as possible. In evaluating a case for defense, we will examine your claim for appropriate defenses and counterclaims. If no defense is appropriate, an attempt is made to settle the claim favorably to the client.
Although no guarantees are made, the following are sample cases and results obtained for clients:
- Successful defense and settlement of a claims for commercial equipment purchase and sale. Seller sold and delivered equipment which was non-conforming and buyer quit paying.
- Recovery of commercial property shipped out of state under a breached co-venture agreement with multiple suits in multiple states.
- Ongoing repayment of embezzled funds from a business.
- We have ongoing suits involving mechanic’s liens, recovery of earnest money deposits, breached commercial leases, business disparagement, and tortious interference with business.
FAMILY LAW COLLECTIONS
We accept placements of family law judgments for recovery including property settlements and awards, back child support, back alimony, and attorney fees.
If your ex owes you money and you have a divorce decree or other family law judgment you are seeking collection on, consider the following:
- The Clark County District Attorney’s Office Family Support Division collects child support and alimony for free.
- We are a private practice and cannot collect for you without charge.*
- Often, Child Support Court will only order $100.00 per month paid towards the outstanding amounts owed.
- The DA does NOT collect property, settlements, or attorney fees.
- Our advantage is that we can garnish up to 50% of wages for back support and/or alimony.
- We can also garnish for Attorney Fees and Property Awards.
- Once the DA sends through a garnishment for support, neither you nor we can collect on these judgments and we will not accept those cases. In some cases we will obtain a judgment for judgment for current and past child support, then advise you to turn over the current amounts to the DA’s office. The DA’s office has capabilities that we do not have like intercepting tax returns to satisfy child support arrears.
- *If we handle your underlying case (which is charged by the billable hour), we do not charge additional amounts for collection of any judgments. Please note, we do not handle underlying family law cases on contingency, which would be illegal in many cases. We do take all legal steps to isolate and encumber property throughout the divorce, including filing lis pendens to prevent the transfer of real property and conditioning settlement on actual payment.
Often we represent consumers in commercial collections by banks, homeowners associations, and other creditors. When we evaluate a case we look not only at legal defenses but also whether or not the potential client is judgment proof or a good candidate for bankruptcy. If a bankruptcy is appropriate we can provide our clients with the names of bankruptcy attorneys. We also look at the whole picture, and bring Fair Debt Collections Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) claims which are supported by evidence. Samples of our cases are:
- Our client had an error on her credit reports for a bad debt incurred by her ex-husband. This debt was incurred by him after their divorce. She had spent several years trying to have it removed herself without success. Our firm sued under the Fair Debt Collections Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA). Not only were we able to get the error removed, but we successfully negotiated settlements with the credit reporting agencies, the debt collector, and the original lender. The settlement amounts are confidential.
- Often, our clients have been sued for a debt when the collecting agency commits violations of the FDCPA. We have been able to successfully leverage these violations to have the debt forgiven, the client’s attorney’s fees recovered, and put some cash in the client’s pocket. Please note, we will not accept consults for FDCPA violations unless you have some proof of a violation. In these cases, we charge you fees up front and seek recovery for your fees.
- Sometimes, it’s just a debt you can’t afford to pay. In these situations, we look to see if you are judgment proof or if bankruptcy might be a good option for you. Sometimes, our clients have received an offer and just need to know if they should take it. For the small price of a consult, many clients walk out the door with peace of mind.
- NRS Chapter 21 addresses what collectors can do and what assets of a judgment debtor are exempt from collection.