Arata, Swingle, Van Egmond & Heitlinger Arata, Swingle, Van Egmond & Heitlinger
Debt Collection

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Need to Secure a Money Judgment as a Creditor?

Modesto Debt Collection Lawyers Explain Effective Strategies

Collecting a debt is an old and frustrating problem. Whether you are a small business with unpaid invoices or a large corporation, the process can be difficult. Additionally, sometimes it can be against your best interest to pursue a debt. For example, it could cost more money to initiate the collection process than the actual amount owed. Thus, you may end up working against your bottom line if you proceed with collection actions. Fortunately, you have rights as a creditor. Our Modesto debt collection lawyers can give you legal advice as to what strategies to utilize. As a result, we can help you reach a favorable resolution in your debt collection.

At Swingle, Van Egmond & Heitlinger, we believe you should not face additional hardships in collecting a debt. After all, your issues stem from another party’s failure to make timely payments. Our Modesto debt collection lawyers know the law and use every resource available to ensure a favorable result for our clients. Ultimately, we want to help you evaluate and pursue the most effective collection methods available to you. We can determine if a debt is valid and advise you on how to recover the debt in a cost-effective and timely manner.

What Are Unfair Debt Collection Strategies?

Ultimately, you want to collect outstanding debt as quickly and legally as possible. Usually, the most effective and fair way to collect a debt is to hire a debt collection attorney. However, there are certain issues that can impact your ability to collect on a debt or secure a favorable judgment. For example, some debt collection practices are considered unfair and should be avoided. Collecting your debt could be difficult if there is proof of unfair collection strategies. 

Thus, it is in your best interest to avoid common unfair debt collection strategies, some involving:

  • Threats: A common intimidation tactic is to threaten publication of the names of debtors. However, just like a threat of harm, this strategy can be considered unfair. Furthermore, it is unfair to tell a debtor that they are breaking the law or that they will be arrested. In some cases, a debtor may claim that a creditor used threats as a way to escape liability for the debt. As a result, it is necessary to have a creative and experienced debt collection attorney who can use firm but fair collection methods.
  • Repeated Calls: Generally, there are standards for acceptable debt collection procedures. Consistent calls should not be made before 8:00 a.m. or after 9:00 p.m. Our Modesto debt collection lawyers can make sure that your collection attempts are legal and fair.
  • False Information: Sometimes, a collector will give false statements unknowingly. As a result, the amount of debt you need to collect could be misrepresented. This is especially common if the debt has changed hands or been consolidated several times. Unfortunately, this can make it difficult to reach a satisfactory outcome. A strong legal team can make sure that your statements and information are accurate.

What Is the Process for Securing a Money Judgment?

Collecting unpaid debts can be a frustrating process. Each step of securing a money judgment requires attention to detail. Furthermore, it can be stressful just to identify what assets a debtor has. After all, people that owe money usually hide what they do have. However, our Modesto debt collection lawyers can walk you through the process from start to finish. As a result, we can streamline your collection process and help you secure payment.

Generally, the process for securing a money judgment involves:

  • Court Order: First, we help you pursue a court order for payment. A lawsuit is initiated and litigation begins. After you receive your court-ordered judgment, we can begin searching for collectible assets.
  • Identify Assets: Unfortunately, it can be difficult to find collectible assets from a debtor. Our Modesto debt collection lawyers use every resource to help pinpoint what assets are collectible. As long as an asset is owned by the debtor or business named in your judgment, you have options.
  • Garnishment: Generally, wage garnishment is an effective tool for collecting identified assets. In addition to garnishing payroll checks, you may be able to take funds from investment and bank accounts. Further, you may be able to intercept tax refunds.
  • Property Seizure: It can be difficult to seize real property due to protections for original creditors. However, you can investigate what property can be legally seized in payment of the debt owed to you. You may also be able to assert a lien on certain properties, insuring that you will be paid out of any sale or re-financing of the property.

Collecting Unpaid Debts in California? 

Are you frustrated over attempts to collect an unpaid debt? Looking for effective debt collection strategies? If you are unprepared, then the process of collecting a debt could cost you more than it is worth. For instance, debtor’s assets could be misrepresented or not identified at all. 

Contact Us for a Consultation

Furthermore, your strategies should comply with state and federal regulations — if they do not, you are at risk of not collecting the debt in full or at all. As a result, your pursuit can be an ineffective waste of time. Thankfully, a debt collection attorney can make a big difference and ensure the legality of your debt collection pursuits.

The Modesto debt collection lawyers at Swingle, Van Egmond & Heitlinger believe in protecting your best interests. We understand how difficult it can be to collect for services or goods you have already provided. Thus, we develop a creative and pragmatic approach to resolve your debt collection in a timely and efficient manner. We can review the details of your case and let you know what options are available. To schedule a consultation, contact us online or call (209) 340-1110.

“This firm exemplifies how a multi-faceted group of attorneys can work together to achieve positive results.”

- James M.
Case Results

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    Recovered $1,200,000 in income producing property in family business dispute action alleging fraud and breach of fiduciary against majority owner family members wherein all income payments and distributions to client had ceased for multiple years.

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