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Key Practice Area: Collections (Creditor & Debtor)

Debtor Rights
Our debtor practice centers on defending debtors against creditors.  We stop the harassing phone calls and negotiate a lower, more management debt for our clients. As a law firm, we bring suit against creditors that violate Colorado or federal law under the fair debt collections practices act.  By having an attorney involved early in the process, the more likely a positive outcome can be reached. If appropriate, we file bankruptcy to eliminate or restructure the debt.  The minimum balance owed by the debtor must be $2,000 or greater.

We are a debt relief agency. We help people file for relief under the Bankruptcy Code

Creditor Rights
Our creditor practice centers on collecting outstanding monies owed the creditor. Our process is threefold: first, we demand payment by a written letter that the debtor pays his or her debt; second, if no payment is forthcoming, we file suit against the debtor; third, after a judgment is obtained for the outstanding balance, we collect on the judgment.   As a law firm, we can often quickly and efficiently collect on outstanding debts through an aggressive approach to debt collection.  The minimum balance owed by the debtor must be $2,000 or greater.

Does someone owe you money? The steps to collect are to first get a judgment against the debtor. After judgment, you may submit interrogatories to the debtor.  With this information in hand, you can then garnish wages, bank accounts, etc.  You can file a Transcript of Judgment with the County Clerk and Recorder. This Transcript traditionally serves as a lien on real property owned by the debtor. Creditors must comply with the Federal and Colorado Fair Debt Collections Practices Act. 

FAQ's
 
What is a mechanics lien?
In Colorado, if a party has performed work or otherwise increased the value of Real Property and has not been paid, it may file a notice of intention to lien the property. This is done without a trial on the merits and only serves as a placeholder until the party files suit against the property owner. Mechanics liens are good for 6 months and you must file the mechanics lien within four months of leaving the job site.
What does a transcript of judgment do?
A transcript of judgment (TOJ) can be filed with any clerk and recorder within our state. Upon filing, the TOJ, a lien applies to any real property, chattels or tenements of the debtor.  The lien lasts for 6 years and then it expires.
How long can I collect on a judgment?
Without liening any real property you can seek to collect a judgment for 18 years and can renew for an additional 18.
If I sue someone and win, can I get attorneys fees?
In our State you can only get attorneys fees by statute or contract. After you get a judgment, you can get all attorneys fees incurred in collecting the judgment.
How do I grab a debtor's property to sell?
It is possible to have the sheriff seize appropriate property, including houses and cars, and have the property sold.  After the sheriff has sold the property at a sheriff's sale, you would get the net proceeds of the sale. Certain exemptions apply.

THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

 

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