Carnohan Law Office PLLC

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The Debt Collection Process

 
This is a generalized list of the debt collection process. Before reviewing this process here are a few points to consider:
  • All claims are somewhat unique and may not necessarily follow this pattern.
  • Time frames are purposefully omitted because of the uniqueness and handling of each claim.
  • Not included in this list is the fact that at any point in the collection process the debtor may pay or otherwise satisfy the debt.
  • We can accommodate special handling requests.
  • We provide timely updates on claims as there are developments.
  • All claims are handled in accordance with the Fair Debt Collection Practices Act.

 
  • Account is placed for debt collection.
  • Client sends information on the debt including supporting documentation.
  • Claim is reviewed and the data is entered into our debt collection program
  • Demand letter is sent to debtor via fax, mail and or email and an acknowledgment letter is sent to the Client.
  • Phone contacts begin.
  • We attempt to arrange payment, resolve any disputes and obtain clear commitments on debt resolution.
  • If we obtain payment commitment we work to ensure the payment (s) materialize.
  • If debtor fails to cooperate in resolving the debt we make final pre-legal collection attempts.
  • Attorney sends update and recommendations. If they recommend initiating legal action they will provide us with their suit requirements.
  • When we receive suit requirements from the Client, the lawsuit is prepared and filed. When we do not received suit requirements or when the client is unwilling to litigate the attorneys will work on the claim for another 60 days then close it.
  • The complaint is served.
  • Legal Staff files for default judgment if no answer is filed by debtor. If an answer is filed the discovery process begins and a trial date is later set.
  • If a judgment is awarded in our favor, attorneys file for a Writ of Attachment.
  • Legal Staff attempt to locate and verify debtor assets.
  • Legal Staff initiate bank levies/liens/ etc. to satisfy the judgment.

 

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