Areas of Practice Civil LitigationCollection Matters

Collection Matters

CIVIL LITIGATION GROUP

The Law Offices of Doustkam & Associates represents both business and private clients in collection matters. If you are a business owner that has been attempting to collect on past due invoices, our attorneys will pursue payment of the monies owed, or if you are an individual struggling to repay a debt our attorneys can negotiate with the collector in an effort to reduce the overall sum owed and/or construct a feasible payment plan. Frequently, collection matters may arise from a breach of contract; our attorneys have the experience to effectively resolve both contract and collection issues.

Prejudgment actions may be taken to allow creditors to maintain their interest in recovering money owed if the debtor files for bankruptcy. If the debtor files for bankruptcy, and the creditor takes no action, it is possible that the bankruptcy will discharge the debt. If the debtor is declared bankrupt, the creditor may take no further action, so it is imperative to act quickly. A business or an individual seeking collection of a debt may take these actions.

Doustkam and Associates can assist with various prejudgment remedies:

Recovery of Personal Property
Garnishment
Writ of Attachment

Recovery of Personal Property

Recovery of personal property is an action taken by a party who is attempting to recover personal property and sometimes damages. Action may only be taken if the item in question was unlawfully detained.

Garnishment

Wage garnishment is the most frequently used form of garnishment. This is when the plaintiff is able, sometimes via court order, to deduct money from the debtor’s paycheck in order to repay a debt. Common debts that use this process are back child support, student loans in default, unpaid court fines, and restitution for a crime.

Writ of Attachment

Writ of attachment is a court order that instructs a law enforcement officer to seize property to fulfill a judgment against a defendant. The defendant’s property is “attached” to the judgment as collateral. Real property may not be used as security of satisfying a judgment.