Commercial Litigation

Debt Collection Laws

The federal Fair Debt Collection Practices Act (FDCPA) establishes a “debt collector” (or creditor) who regularly collects debts owed to others. A debt collector could be collection agencies, companies that buy delinquent debts, and, like the team at Christensen Law, lawyers who collect debts on a regular basis.

Before filing a court case, the debt collector must inform the debtor by written “validation notice” about how much they owe, the name of the creditor, and how to dispute the debt or to seek verification of the debt. The debtor then has 30 days to dispute or request verification of the debt. A debtor may want to dispute the debt if they don’t believe the debt is theirs or they think the amount is incorrect.

A debt collection case begins with a collector filing a complaint with the court. The complaint must address what the creditor is asking for and should include the amount owed. The summons which follows informs the defendant that they have 21 days (if they were served in Utah) or 30 days (if they were served outside of Utah) to answer the complaint, where they may agree or disagree with each of the plaintiff’s statements. In some cases, a defendant might attempt to file a counterclaim. If the defendant does not file an answer within the required time, the plaintiff may request a default judgment.

It is possible for the two parties to resolve the debts through a settlement or mediation. For example, both sides could draft a payment plan agreement that the debtor will pay the creditor a certain amount each month for a certain period. The written agreement becomes an enforceable contract, so if the debtor does not follow the contract, the creditor may file a new lawsuit to enforce the payment plan contract. In the case of mediation, the parties can hire a mediator to help them work through their dispute and try to come to an agreement.

Obtaining and Collecting Judgments

Christensen Law is very astute in obtaining and collecting judgments. The firm uses pre-judgment Writs of Attachment when necessary to secure a defendant’s non-exempt real property or personal property in their possession. Writs of Attachment are complex situations that follow special procedures, so in such cases it is important to work with a law firm like Christensen Law who has specific experience in the area.

The firm has also obtained charging orders against business entities and collected judgments against principals. A judgment entitles the judgment creditor to money, and if the judgment debtor does not voluntarily pay the judgment, the creditor must take steps to collect it. One collection method may be for a creditor to seize and sell the debtor’s non-exempt property. Christensen Law has done hundreds of garnishments and liens of all types, and the firm understands that there is nothing worse than not being able to collect a judgment that was hard-fought to obtain in the first place. Christensen Law focus on getting results with their legal team’s collection efforts, and they will be careful not to spend money and time on judgment proof debtors.

Keep in mind that the statute of limitations for renewing a judgment is 8 years from the date of the judgment. The judgment creditor can renew the judgment but must do so before the statute of limitations expires.

Let an Experienced Commercial Law Firm Help

The lawyers at Christensen Law have significant experience in a variety of commercial litigation matters, from debt collection to judgement collection. They can represent your case in court or even pursue other, more cost-efficient types of dispute resolution, such as arbitration and mediation, for commercial clients to potentially avoid long, drawn-out litigation. Christensen Law deeply understands risk management and will advise our clients appropriately. After all, no one wants to be involved in a lawsuit, but it is a necessary part of every business. Enlisting the help of Christensen Law has improved the bottom line of many clients, and you can trust that the firm will help you pursue an efficient and cost-effective approach to collecting accounts receivables and resolving litigation contract disputes. They have previously pierced the corporate veil successfully and, and they will do their best to minimize any damage to your business and strategize a win-win outcome.