Debt Collection Matters/Creditor Rights

/Debt Collection Matters/Creditor Rights
Debt Collection Matters/Creditor Rights 2017-01-02T17:00:45+00:00

Our firm represents creditors collecting outstanding sums from debtors. Ensuring compliance with the Fair Debt Collection Practices Act, we work with our clients to determine the best way to secure recovery of a debt – whether based on contract, promissory note, mortgage/loan, sale/financial transaction, or other basis. In certain instances, as an initial step, we conduct a “collectability assessment” to investigate whether it is even worth spending good money after bad. We look at each case individually, and draft appropriate demand letters, complaints (tailored to the specific facts of the action), dispositive motions, and discovery, and other documents to vigorously litigate an action. When necessary, we proceed by Order to Show Cause to stay and prevent the dissipation of assets.  More often than not, we default the debtor, docket the judgment, and then actively engage in subsequent proceedings, including, where appropriate, serving post-judgment discovery (including interrogatories, document demands, and depositions), issuing bank/financial institution informational subpoenas, obtaining wage garnishments, filing liens on property, and working with the sheriff/court officer for asset seizures.

A wide range of cases

We handle cases ranging from minimal to significant sums, and we deftly practice throughout the State of New Jersey in a variety of courts, whether special civil or New Jersey Superior Court on the state side, or the District of New Jersey on the federal side. If relevant, we also commence foreclosure action. When necessary, we ensure that our clients’ rights are preserved in bankruptcy proceedings. Our firm also assists colleagues from sister jurisdictions in domesticating foreign judgments. We stand ready to negotiate certain debts and draft settlement papers, forbearance agreements, consent judgments, and other devices to ensure compliance with the terms of a settlement agreement.

While the majority of our work is dedicated to representing creditors, we do not turn away the opportunity to represent debtors, particularly to ensure that their rights are preserved and defenses are presented in the most forceful and effective way possible.

Given our substantial experience in this area, we are able to very economically proceed with just about any collection matter and provide superior representation.