Put an end to your debtors’ excuses

Clients in Modesto, Merced, Stockton and throughout California have turned to the Law Office of Curtis D. Colaw since 1992 to help them recover the money they are owed for their goods and services. With more than 25 years of experience, I provide you with legal advice and litigation services you can rely on at every level of state and federal court, including creditor representation in bankruptcy matters.

Why choose an attorney over a debt collection agency?

If you have exhausted all of the usual methods to collect on an outstanding business debt, it is time to contact an attorney. Because an attorney can force a customer who delays, juggles or avoids payment into court, attorneys have more leverage than collection agencies and many times are much faster at filing actions with the court. Turning to a collection agency is effective if what you’re owed is a small past-due amount. But when you are trying to collect larger amounts, a collections attorney may be your best option. The debt collection process can often be complicated and drawn out, which is why many individuals turn to an attorney even after using a collection agency.

What is the collections process?

  1. Receipt and review of your files
  2. Demand letter — The attorney sends a letter to your debtor demanding payment. If the debtor responds to the letter, the attorney works with you to determine if you want to discount the debt and to set up a payment schedule.  In many other cases, especially where previous demand letters have been sent or an immediate filing is required, no demand letter is sent.
  3. Lawsuit — If the debtor does not respond, or immediate action is necessary, the attorney may seek your permission to file a lawsuit immediately. Once the suit is filed, your attorney moves quickly to obtain pre-judgment writs and thereafter get a judgment in your favor before trial. Although rare, if trial becomes necessary, my office vigorously enforces your right to collect payment.
  4. Judgment — A judgment gives your attorney the opportunity to get the debtor’s attention. The attorney records liens on the debtor’s real estate and UCC Judgment liens, attaches bank accounts and seeks collection through gathering up the personal property of the debtor.  In cases where there are individual debtors, the attorney seeks to obtain a wage garnishment to collect payment on the debt. Garnishments take money from the debtor’s bank account, paychecks and any other sources of income. If the debtor’s place of employment cannot be located, the creditor can force the debtor to appear in court for a post-judgment examination and testify about its finances and assets.
  5. Contempt — If the debtor fails to appear at the debtor’s examination, warrants can be issued and the debtor can be jailed for contempt of court. I usually reach out to the debtor before this becomes necessary, but if people continue to refuse to pay what they owe, I have no problem with requesting time and sanctions for contempt.

Contact a Modesto attorney committed to delivering results, today.

Call the Law Office of Curtis D. Colaw at 209-549-0933 for your free initial consultation, or contact me online.