Fair Debt Collections & Practices Act (FDCPA)
A federal law that outlaws unfair debt collection practices, including lying, harassing, misleading and otherwise abusing debtors, by debt collectors working for collection agencies. The law does not apply to creditors collecting their own debts. This law has greatly improved conditions for debtors, although more than a few debt collectors ignore the law. If a collection agency violates the law, debtors can contact the Federal Trade Commission for help.
Whether you obtained your own judgment that you want enforced or you desire a collections lawyer to obtain a judgment and fully litigate money owed on a contract, promissory note, credit card, or other obligation, King & King can help you. Let an experienced creditor's-rights / judgment lawyer speak with you about the collection of a debt or judgment enforcement.
Using an attorney, over a collection agency, is a vastly more effective way of collecting a judgment or debt. Although this law firm sometimes works on an hourly fee basis, our office often works with clients on a contingency basis. This means clients do not pay an attorney fee unless we make a recovery for you or your company.
Below are just some of the services that King & King is experienced in performing:
- Investigating judgment debtors to discover assets.
- Sending initial collections letters.
- Commencing lawsuits.
- Freezing a judgment debtor's bank accounts and portfolios by serving restraining notices and information subpoenas.
- Garnishing judgment debtors' wages.
- Conducting depositions of judgment debtors to determine the location of assets.
- Arranging for the seizure of judgment debtors' assets and property by an authorized sheriff or marshal.
- Placing a lien on judgment debtors' real property (meaning land, house, apartment, etc.) or personal property (non-land type property like jewelry, machinery, cars, etc.).
- Executing on a judgment by seizing judgment debtors' shares of stock in a privately held or publicly traded corporation or other business entity.
- Obtaining judgments on a promissory note, bounced check, stop-payment check, or affidavit of confession of judgment.
- Drafting iron-clad settlement agreements with judgment debtors that yield payments.
- Commencing litigation against a third-party where there has been a fraudulent transfer of assets; in other words, where a judgment debtor gives away all his assets (house, money, or other items) to others, often relatives, to avoid paying his creditors.
- Please contact us to discuss your needs at no cost for an initial consultation.