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DEBT COLLECTION FAQs

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It has been proven time and time again that an attorney has more clout with debtors and therefore more success in the recovery. Ask yourself, if you were a debtor, would you pay more attention to a law firm or a collection agency?

NO. Simply put, if we don’t collect your debt, you owe us nothing. We have no hidden costs, fees or other charges you need to worry about. The only exception is that if collections prior to filing suit fails, the decision to file suit rests solely and always with the client. The client is always responsible for our firm’s out-of-pocket costs related directly to the litigation matter (including, by way of example only, court filing fees, service of process fees, etc.).

Yes. We encourage your debtor to pay you directly to improve your cash flow. It is not uncommon for debtors to feel more comfortable paying directly to the original creditor than a law firm with which they are unfamiliar. You will obviously be billed by our company for our fee.

Yes. We utilize a network of creditor’s rights specialists throughout the United States. We will ensure that your case is properly referred and handled and our creditor’s rights attorney will stay involved throughout the litigation process and keep you informed of the progress of your case.

The age of your past due account will play an important role in the collection results. Retain our legal services as soon as the debtor gives you reason to feel uneasy. Once you assign a claim to our offices, we strongly suggest that you do not have any communication with the debtor. Our collection program is designed for quick and superior results. In the event your debtor contacts you to make a “special” arrangement, please remember all the debtor is doing is attempting to further delay payment to you or avoid our law firm, which can be an intimidating presence for many debtors. Our experience overwhelmingly indicates that intervention will cost you money.

The length of time to successfully prosecute a collection case may vary considerably, depending upon the complexity of the case, the amount of the claim, the financial status of the debtor, and other factors. There are laws and procedures that govern lawsuits in Virginia and ensure that all parties to a lawsuit receive a full disclosure of all relevant facts. If a debtor does not respond to a lawsuit, a default judgment may be entered as soon as one of our attorneys appears on the first court date.

Your case is initiated by filing a lawsuit with the General District Court, or if the debt is over $25,000, then in the Circuit Court. The debtor is served with the lawsuit by an authorized process server and then becomes a defendant in the case. At this stage, third parties may be brought into the lawsuit as necessary. A defendant has to make an initial appearance in the case in Virginia, or they are in default and judgment is usually entered.  If the defendant does show up to contest the trial then pleadings are ordered and the case proceeds to trial.
Sworn testimony can be elicited from the defendant and other witnesses concerning the facts of the case. A defendant who improperly disputes a claim may be exposed at this stage.  In Virginia, the use of pleadings allows both parties to understand the other’s case they intend to present before trial.
If you prevail at trial, you will be awarded a judgment. The defendant may pay the judgment once a decision has been rendered. It is also possible for a defendant to appeal a money judgment, but the judgment debtor is generally required to post a significant cash bond for the right to appeal the trial court’s decision to the appellate court.
The defendant also may choose to neither pay the judgment nor appeal the judgment. In such a case, our offices are equipped with the knowledge and experience to handle judgment enforcement proceedings.

If you would like your case quickly resolved, we will make every effort to see that this occurs. In many instances, our attorneys settle claims, especially with other attorneys, which guarantees a quick, immediate payment towards the claim.

The answer depends on whether the Virginia debtor business improperly transferred assets to third parties or insiders or otherwise did not properly wind down its business affairs. In certain instances, a Virginia creditor can pursue third parties who are holding assets of the debtor.

Our office has a competent, friendly support staff who are ready and eager to help with most issues concerning Virginia debt collection cases.  If they are unable to help you they will reach out to one of our attorneys and get an answer to you as quickly as possible.
Please feel free to complete the Contact Us form and we will respond as soon as possible to your questions, comments or concerns. Thank you.

If you or your business are interested in seeking legal counsel please fill out the confidential form below to give a brief description of your problem and your preferred method of communication.  Of course, you may always call our offices, in Virginia call: (804) 643-0133 or in North Carolina call: (704) 728-0001 to make an appointment to speak to one of our attorneys or customer support representatives.

Address

4808 Radford Avenue
Richmond, VA 23230

Phone / Fax / Email
Phone: 804.643.0133 Fax: 804.6445812 info@cpglaw.com
Hours

M – Th | 8:00am – 4:30pm

F | 8:30am – 3:30pm

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