Areas of Practice
Collection work can encompass a broad array of areas, but comes down to a creditor not getting paid by a debtor and wanting to recovery the money they are rightfully owed. The action needed to collect may range from sending a demand letter for payment to filing a lawsuit and obtaining a judgment. For over a decade, Kevin has been assisting businesses and individuals with collection of past due accounts, bad debts, broken contracts, and failed business deals.
If you have a judgment against a debtor, a good way to attempt to collect your judgment is through garnishments. You can garnish the debtors wages through continuing garnishment, or you can garnish the debtors bank accounts through a garnishment on their bank. Kevin is familiar with the garnishment process and can help to enforce your judgment by garnishing the debtors assets.
Contractors, subcontractors, material suppliers, and other trades often need help collecting amounts they are owed for services and materials they supply to construction projects. Those who provide these construction services and materials have a special tool to help them collect - the construction lien. Kevin has over ten years experience enforcing liens and getting contractors paid.
Often creditors will get a judgment against a debtor in a state other than Utah and then the debtor moves to Utah or has assets located in Utah. I can help to domesticate the foreign judgment to Utah, making it an enforceable Utah judgment, and then begin collection activities here.
BANKRUPTCY - CREDITORS RIGHTS
When a debtor files for bankruptcy, all traditional methods of collection must stop. However, that doesn’t mean that you can’t collect. By participating as a creditor in the bankruptcy proceeding, a creditor may be able to still get some payment of the debt. Thins like filing a proof of claim and filing an adversary proceeding help creditors to enforce their rights in bankruptcy court.
There are many collection issues within the transportation industry. Freight brokers not getting payment from shipper, carriers not getting paid by brokers to name a few. Often times goods are damaged during transport and it is necessary to file a freight claim. The tools of collection can help creditors within the transportation industry to get paid.
Unfortunately, getting a judgment against a debtor is just the beginning of your road to getting paid back. When you get a judgment you have a paper that says the debtor owes you, but many judgment debtors still refuse to pay. The work of post-judgment collection is nuanced and can be difficult. I help creditors enforce their judgment and get paid.
Many times, despite all efforts to resolve a matter, the only option is to file a lawsuit. This is a legal action taken to enforce your rights as a creditor. Depending on the response of the debtor, the process can be short or long. The end goal of a lawsuit is to resolve the case and get a judgment against the debtor in order to attempt to collect the amounts owed from a non-paying debtor.
One of the best ways to prevent a breach of contract is to make sure the contract you have is appropriate for your situation. Having a good contract in place, with the right terms and conditions, can go a long way to avoiding problems down the road. Kevin can help you draft a contract to meet your needs and that will help to avoid future problems. Additionally, if you have a contract, it can be enforced in the event that one party is not living up to what they agreed to. These contract problems can be addressed through negotiation or litigation.