We are debt collection attorneys that handle both simple and complex debt collection matters. We are experts in creditor and collection law. We have been collecting debts, claims and judgments for almost 30 years.
Debtors sometimes play the “shell game” with their assets. They will move them out of their names and into a friend or family member’s name, for little or no money received. This is called a fraudulent transfer. The debtors quickly learn that when they fraudulent transfer their assets to someone else, we sue that someone else. We also file lawsuits to pierce a corporate veil when someone has used a corporation to commit a fraud against our clients.
WE LOCATE HIDDEN ASSETS LIKE NO OTHER COLLECTION LAW FIRM IN MICHIGAN CAN.
We have resources to locate assets. We use these resources such as legal data bases to determine whether someone is collectible. It allows both of us to get a “sneak peek” into a debtor’s affairs to see if a lawsuit is feasible.
TODAY, YOU NEED TO ACT QUICKLY TO RECOVER YOUR CLAIM OR JUDGMENT IN MICHIGAN
If you are owed money, then you are in a race to recover it because chances are great that someone else is going after the same debtor that you are. Debtors have only one pot of money and it dwindles quickly. Time is not on your side. Today, more than ever, it is important for you to act quickly to file a lawsuit and win that race to the debtor’s bank account. In the debt collection world, there is no prize for 2nd place.
RETAIL DEBT COLLECTION AND LITIGATION IN MICHIGAN
Retail debts are those that are owed by consumers. These are very tricky to collect since there are many pitfalls under the Federal Fair Debt Collection Practices Act (“FDCPA”) as well as the Michigan Collection Practices Act (“MCPA”). These statutes give consumers rights that a debt collector must respect. A collector who unwittingly violates these statutes can not only get himself sued, but his client as well.
We have collected retail debts for years. Our staff is trained in the latest debt collection case law under the FDCPA and the MCPA.
In normal retail debt collection, we typically use the following post judgment debt collection techniques:
We issue Writs of Garnishment for wages, bank accounts and other sources of funds
We obtain Writs of Seizure of Property. Once we know what assets the debtor has, we send a court officer out to seize and sell these assets. In many instances, this is enough to convince a debtor that we are very serious about collecting your debt.
We serve subpoenas on debtors to appear in our office with tax returns, titles to assets and bank account statements. If the debtor fails to appear, we obtain an arrest warrant. Again, in many instances, debtors find this technique quite persuasive.
We obtain Orders for Receivers. A receiver is an individual who “steps into the shoes” of a debtor and/or his business to run the debtor’s affairs. The receiver collects the assets of the business and pays funds over to the creditor.
COLLECTING PROFESSIONAL FEES CAN BE RISKY
IF YOU DO NOT KNOW HOW TO DO IT
One of the most common defenses to a lawsuit for professional fees is the threat of a counterclaim for malpractice. Irrespective of whether there is merit to such a counterclaim, the professional must still inform her malpractice carrier if such a counterclaim has been filed. In some cases, the professional must even report the threat of a malpractice action to his insurance carrier. We are very sensitive to this issue. That is why we contact the debtor to find out why he has not paid our professional client’s fees. We try to develop a sense of whether the debtor has a genuine issue with the services provided or whether the debtor is simply avoiding the debt.
Many times, we have counseled a professional to wait for the statute of limitations to pass on any potential malpractice counterclaim before filing suit. In Michigan, the statute of limitations for a malpractice claim is two years from the last date of service or six months from when the debtor discovered the malpractice claim, whichever is later. Other times, we counsel our clients to file a lawsuit right away, without waiting for the statute of limitations to expire.
We advise our professional clients that even after the statute of limitations for a malpractice counterclaim passes, a debtor may still file an affirmative defense of malpractice. However, as an affirmative defense, the value of the malpractice claim cannot exceed the value of the professional’s underlying claim in the case.
If you are owed money by a business or a consumer, call me, Attorney Kevin Taylor at (248) 223-1999 or email me at Kevin@creditor-law.com. I will personally handle your collection matter quickly and get you your money.
Kevin M. Taylor, PC
24901 Northwestern Hwy #306
Southfield, MI 48075