Collection is not a dirty word. It is a necessary and helpful part of any business. What do you do when your clients are not paying their bills or invoices? When clients or customers fail to pay debts as agreed, creditors can take steps to recover those payments. Beware, the law also has protections for debtors, those owing you money. Gilmartin Legal has successfully handled and collected on thousands of debt collection files over the years. We have represented banks, small and medium size companies, equipment and material supply companies, construction companies, and individuals to collect money justly due our clients.
Using proven strategies, we guide our clients through the legal process in order to protect their rights. First we evaluate the claim with the client and develop a strategy to efficiently and effectively collect the debt. The initial action may be a telephone call to the client to attempt to work out a payment plan. Where we can file a lien or exercise other prejudgment remedy, we do so.
Second, when litigation is necessary, Gilmartin Legal’s extensive experience allows us to avoid unnecessary delay and focus on getting results. We timely prepare the lawsuit and review it with the client for approval before filing. Then we vigorously prosecute the claim until settlement or judgment. If discovery procedures and trial are necessary, we use our years of experience to effectively prosecute your claim.We keep you up to date on the status. No settlement is made without your approval.
Once we obtain judgment, we use the legal proceedings to force the debtor to come to court with financial records and testify as to income and assets. Where appropriate, we also search for hidden assets and fraudulent transfers of assets. We use all of the legal remedies available to collect. Over the years we have developed relationships with private detectives and others that have demonstrated success in locating debtors and assets.
Finally, good legal advice coupled with good business counsel from your attorney may involve setting up new credit and collection procedures. Better procedures and documents may make a difficult situation better that it otherwise would have been. Collecting information at the beginning of the credit relationship may prove very helpful if one day you are seeking to collect on an account, contract, or judgment.
Creditors’ Rights Services
Gilmartin Legal regularly represents creditors in the following:
- Breach of loan document litigation.
- Foreclosure of commercial mortgages.
- Forcible entry and detainer.
- Mechanics liens.
- Fraudulent transfers.
- Confession of judgment.
- Recovery of delinquent accounts.
- Complex debt collection.
- Citations to discover assets.
- Assignment for the benefit of creditors.
- UCC Article 9 remedies.