Q. WHAT IS YOUR EXPERIENCE AND BACKGROUND IN THE COLLECTION BUSINESS?
A. The first thing most clients want to know is why should they use our New York City law firm over other law firms who specialize in collection cases and consumer defense matters in New York. Our law firm has been handling collection lawsuits in New York for over 30 years, and we have collected millions of collection dollars for our clients. That experience gives us the expertise to handle your claim professionally and efficiently. Our experience translates into providing you with the best collection potential possible. Our staff of professionally trained law firm specialists will ensure that you have the best possible chance of recovering the money that is due to you. If you are being sued for being held responsible before suit for a debt that you contest or do not owe, our office has the experience to defend you. We have the tools needed to defend you so your rights are protected and not violated.
Q. HOW WILL YOU COMMUNICATE WITH US?
A. The next most important question you should be asking is how will we communicate with you and how responsive are you to our requests for information regarding our collection lawsuit our your defense? We have found that the best way to establish your trust in our collection expertise is to have an open line of communication. If you contact us about your case we will always respond to you within 24 hours. We understand that your case is important to you and if we are not returning your requests for information you will loose your trust in our ability to handle your matter. We treat your calls very seriously and will gladly return your calls as soon as possible, but always within 24 hours, excepting weekends and holidays. Even if we do not hear from you, we will still communicate with you regarding important case information.
Q. WHAT IS YOUR SUCCESS RATE?
A. Another frequent question is "Will you be able to collect the money due us or will I have to pay the amount that is claimed against me?" We believe that if anyone can collect, we can, and if you have any defense to a claim, we will optimize it. Because our law firm has been collecting money for over 30 years and we have always had extremely high rates of collection. Furthermore, our state of the art software as well as our highly trained and professional staff make our success ratio higher whether we are collecting your debt or defending against a debt your allegedly owe. Our success rate depends on many things, and even before we investigate your matter, we can get a good idea of collection prospects. Certain cases, for example, are highly collectible while others have a low collection percentage. High probability of collection success is often indicated by:
A low probability of collection occurs in cases that are:
- more recent debt;
- lavish life style of an individual debtor; and/or
- operating businesses;
- excellent credit history;
- occupational or professional licenses of debtors;
- generally stable history;
- supportive family;
- strong financial statement or substantial asset ownership;
- history of reliance on obtaining credit;
- debts under $100,000.
- very old;
- against corporations that are out of business;
- against individuals who have made it their business to avoid paying their just debts;
- against those who have or will be filing for bankruptcy protection;
- against those people whose lifestyle tends to indicate no assets now or in the future;
- large debts;
- other judgments and/or IRS tax liens.
Q. HOW SOON CAN YOU COLLECT FOR ME?
A. Some cases are collected within the first 30 days and others are never collected. In general, most successful collections become apparent soon after our staff begins the collection process. Other times, the debtor pays immediately after the lawsuit is commenced, and generally we know if the collection will be easy, even if contested, within the first 120 days. While sometimes it is possible to delay in the New York courts for months to years, most collection cases are easy to win and harder to collect than regular New York court cases. That means that, even in a contested case, we can have a good idea of whether we will be able to collect for you.
Q. WILL YOU COMPROMISE (SETTLE) MY CLAIM?
A. Only you can approve a compromise (settlement) for less than the sum due. We will do our best to get all of your money and we won't compromise your claim for less without your consent. If we get any offer, we will communicate it to you for your decision. Ultimately any settlement or compromise will be your decision.
Q. DO YOU TAKE PAYMENTS?
A. We always demand full immediate payment. Very frequently the threat of New York litigation or the filing of proceedings with the New York City courts gets the debtor to pay all of the debt immediately. In some circumstances, payments may be the only way to collect all of your money. If it becomes apparent that a debtor must make payments, or that we can get your money faster with voluntary payments than by waiting to fight in court, we will recommend a structure for the recovery of your money in such a way that you get it or we have the immediate right to obtain judgment against the debtor and begin the enforcement of the judgment. It will be your decision to accept time payments.
Q. WILL I EVER HAVE TO PAY MORE THAN THE INITIAL COSTS?
A. On contingent fee cases when suit is recommended we normally request advanced costs to cover the initial out-of-pocket costs of beginning your law suit. For example a new case will require a New York index number fee with the clerk of the court, fees to the process server, fees to file the papers in the court, costs for address confirmation, real property search or similar costs. We are pleased to put our time into your collection action on a contingent fee basis as your partner. We request you show your confidence in your case by providing the funding for the costs and expenses. The typical case will be handled within the initial cost deposit. If there are subsequent costs you will be advised accordingly. If the case proceeds all the way to judgment, there may be costs for recording the judgment with the county clerk or the clerks of other New York State counties, for the sheriff or city marshal to seize a New York bank account or garnish ones New York wages. If we are required to seize major assets (such as cars, land, etc) which may require additional costs to the sheriff or others, we will consult you for your approval of any significant expenditure. Again, we will never file suit or advance court costs without your express permission. Service of process of debtors that must be served outside of New York State may require additional costs to cover the costs of out of New York State service.
Q. WHAT PERSONAL INVOLVEMENT WILL I HAVE?
A. When we get a new file, we conduct our investigation and file initiation. As part of that process, we will call and interview you on the phone for relevant facts, information, ideas, and tactics. We typically don't require an initial meeting with our clients as there is no need on our part to hold a face-to-face interview in most cases. You are not required to visit our Manhattan office or travel into New York City if not necessary. Of course if you wish to meet us, face-to- face, we will be glad to meet with you at your convenience.
Q. HOW DO YOU DISBURSE PROCEEDS FROM MY COLLECTION?
A. All money collected is deposited to our "clients trust account". After we are certain that the debtor's payment has cleared, the money is disbursed to you and to us usually on a monthly basis or more frequently if you request. We don't get paid on contingent fee cases until you do so we are anxious to clear funds and disburse promptly. In the unlikely event of a fee dispute, you will be offered arbitration to settle the fee dispute. We will give you instructions on how to proceed to arbitration upon your request.
Q. WHAT IF YOU CAN'T COLLECT FOR ME?
A. While we collect on most of our cases, in the history of our practice there have been some cases where we can't collect. If we are unable to collect, your case will be returned to you promptly. If your case is returned to you, you can take it to any other lawyer or collection agency you select. If we don't feel we can collect, we don't want to keep the case and continue devoting time toward it without optimism.
Q. WHO WILL ANSWER MY ROUTINE QUESTIONS?
A. Your case is immediately assigned to our paralegal who will be available to you anytime you choose to call. Marshal Coleman, along with per diem counsel are available by phone (212-693-0501) or email (email@example.com) to discuss intake, tactics and strategy, collection prospects, settlement status and similar important matters with you by phone. You may request status information from our paralegal at any time. We invite you to call us to discuss your case when you want. You are the client and we are here to help you.