Collections
Our Collection Practice has been serving clients for more than 20 years and includes a diverse business array such as credit unions, financial institutions, municipalities, schools and small businesses, as well as individual collection cases. Particular types of debt that we routinely collect include:
Typically, collection agencies collect debts solely through direct contact with debtors. The methods of contact most commonly used are written notices and telephone calls. All activities (both pre-and post litigation) must be performed in compliance with the Fair Debt Collection Practices Act, which is structured to protect consumers against debt collection abuses.
We have found that the majority of debtors do not respond to traditional methods--legal action is usually required. As a result we have developed a targeted, proven approach:
- A series of Demand Letters (Written Notices) are sent to the debtor in scheduled time frames. We do not make harassing telephone calls. This step may be eliminated if the client has already attempted to contact the debtor and ready to proceed with legal activity (as is often the case);
- Extensive, state-of-the-art research is performed, including location verification, credit checking and skip tracing activities in order to advise the client as to the feasibility of the success of legal action; the case is then discussed with the client;
- Preparation of all legal documents leading to the obtaining of a judgment, which is an enforceable vehicle to be used to facilitate the actual collection of assets;
- Post-Judgment asset searches performed at defined intervals, restraint and seizure of assets to enforce the Judgment;
- Establishment of payment plans, follow-ups and related tracking;
- Income Garnishments and Property Executions and related reporting and coordination with enforcement officers and employers;
- Ongoing compliance with all requirements of the Fair Debt Collection Practices Act;
- Client updates regarding ongoing activity via scheduled remittance and status reports. Costs are outlined in advance. It should be noted that we have extensive reporting capabilities which are often useful to clients for management reporting purposes.
Elhilow & Maiocchi, LLP is experienced in both obtaining and collecting judgments. Empowered by the judgment itself, we are able to conduct research, establish liens, and ultimately collect assets. Our ultimate goal is recovery of the debt. Our attorneys and staff are highly qualified in all areas of judgment enforcement and our research techniques have proven to show significant results.
While not every debt is collectible, we are extremely proud of our success: our recovery rates range from 25% to 60% of amounts placed, which significantly exceeds the industry standard of 20%.
We are members of the Columbia Law List and the Commercial Law League of America.
If you have uncollectible debts in excess of $1,000, please contact us online or call us at (914) 347-2300.
Contact: Anthony J. Maiocchi
Note: All collection matters are handled through our Westchester office.
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