Debt Collection Litigation

The Threat of Litigation is a BIG STICK in Collecting Your Money.

Capital Collection Services has in-house attorneys who are experts in the areas of commercial and retail debt collection litigation and the enforcement of creditors’ rights. Most Collection Agencies are often ineffective with mere “suggestions” of pending legal action. Our clients are more successful because when our lawyers warn them of pending litigation it is taken very, very seriously: indeed. Capital Collection Services is aggressive, resourceful, and persistent. Our debt collection clients are individuals, landlords, law firms, CPA’s, physicians, professionals of all kinds, as well as large and small businesses.

Our debt collection cases include many complex Debt Collection Matters

Capital Collection Services can assist you with expert legal services and litigation in areas including, but not limited to, the following:

Accounts Receivable Collection; Attorneys’ fees and fees owed to CPA’s; Bankruptcy (Representing Creditors); Breach of Contract; Breach of Fiduciary Duty; Broker Disputes; Business Litigation; Commercial Collections; Commercial Litigation; Construction Disputes; Consultants and other professionals; Creditors’ Remedies; Creditors’ Rights;

Debts for goods sold and services; Fraudulent Transfer; Implied Covenant of Good Faith; Labor/Employment Disputes; Leases; Loans, guaranties, letters of credit; Mechanics liens for contractors & materials suppliers; Mechanics’ Liens; Promissory Notes; Real Property Disputes; Rent and lease arrears; Secured Transactions; Successor Liability; Debt Collection;

Collection of Unpaid Loans

Capital Collection Services represents small and large banks and finance companies in litigation to collect debts and unpaid loans.

Commercial and Retail Debt Collections

We routinely represent clients in many different types of commercial and debt collection matters, including actions to collect debts owed under loan agreements, promissory notes, retail installment contracts, negotiable instruments, goods sold and delivered, and goods and materials sold on open accounts, or debts arising out of secured transactions. We also file legal actions seeking judgments against business owners and other third parties on personal guaranties of corporate debts.

Filing Lawsuits for Monies Owed

An individual or a company who claims that another person or company owes them money can bring a lawsuit against that person or business. The person or business bringing the lawsuit is referred to as a “plaintiff” and the person being sued is referred to as a “defendant.” If the plaintiff wins the lawsuit the court will issue a judgment against the defendant instructing the defendant to pay a specific sum of money to the plaintiff. The defendant is now referred to as the “debtor” and the plaintiff as the “creditor.”

Having a judgment against a “debtor” may not be enough!

Unfortunately, judgments do not enforce themselves. We are often contacted by individuals and businesses who have secured a judgment but are still unable to collect their just debt.

In the majority of our cases a debtor will voluntarily pay the judgment, because the debtor now understands the severity of the courts ruling and also understands that an unpaid judgment can severely harm their credit rating. But there are those debtors who are reluctant to pay. In those cases we can often persuade compliance without just the threat of further legal action.

Many Creditors Are Not Prepared To Take On Clever & Deceptive Debtors

Some clever and deceptive debtors may attempt to hide assets or arrange their assets so that the creditor cannot find them. That is another example where a legal collection firm can better help our clients. Clever and deceitful creditors attempt to make it so costly and difficult that the average creditor or non-legal collection agency will simply fail at their collection efforts. Those creditors and/or collection agencies without in-house collection attorneys simply do not have all the powerful tools that the law makes available. We do. From the outset. We get better results.

When a debtor simply refuses to pay, a creditor is still legally entitled to collect. A collection service with resourceful in-house attorneys are better able to seize the debtor’s assets (including a portion of the debtor’s salary, if an employee) to pay off the debt. While many state laws prevent certain assets from being seized, these laws are often so vague as to be confusing to most collection agencies – but we know the law and we are able to leverage the legal process to the advantage of our clients. Collecting money owed on a judgment from a debtor resisting payment will be very difficult for most creditors and even experienced collection agencies without the assistance of an experienced and knowledgeable commercial collection attorney. Better, then to place your hard-to-collect debts with a law firm such as Capital Collection Services.

Capital Collection Services aggressively litigates collection cases in which a person or business will not pay what it owes their creditor pursuant to a judgment. We will attempt to find hidden assets and, where permissible, we will seek attorneys’ fees and interest from the debtor, in addition to the initial amount indicated on the judgment. As always, our policy is to handle these cases on a contingency fee basis, meaning that no payment of attorneys’ fees is owed unless we are successful.

Gaining Control Over Accounts Receivable With a Debt Collection Lawyer

When you are dealing with an issue regarding debt collection, direct intervention by an experienced creditors’ rights attorney can help ensure that you recover your money fast. Outstanding accounts receivable can create a number of problems for any company, large or small. Debtors may be less likely to ignore a letter or other communication from an attorney than they would the creditor themselves.

Debts for Goods Sold and Delivered

We represent clients seeking to recover debts owed by customers have who have ordered goods, received them, but have failed to pay. This type of lawsuit is known as one seeking damages for goods sold and delivered.

Professional Service Providers

We represent law firms, lawyers, accountants, architects, consulting firms, real estate brokers and agents owed commissions or finder’s fee, and other service professionals who need to bring actions against clients who have not paid their bills.

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