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Collecting a debt can be time-consuming and expensive; sometimes more expensive than the debt itself. The cost can escalate even higher if a debtor files for bankruptcy. At Feitlin, Youngman, Karas & Gerson, LLC in Glen Rock, our creditors’ rights lawyers have extensive experience representing creditors so that their claims don’t turn into liabilities. We provide insightful counsel so that our creditor clients have the information they need about the cost-effectiveness of specific collection cases, as well as their likelihood of success. If pursuing collection makes sense, we have a strong track record of litigating actions against debtors on behalf of individuals and businesses.
Some of the collection matters we regularly handle include actions on promissory notes, actions to collect accounts receivable, enforcement of construction liens, enforcement of judgments entered outside of New Jersey against New Jersey residents or businesses, and actions against commercial and residential tenants for unpaid rent. You can also retain us for post-judgment proceedings to obtain payment on your civil judgment should you prevail in your debt collection case.
Before you embark on a debt collection action, you should consult with a business lawyer who is familiar with these types of cases and the state and federal laws that govern them. The federal Fair Debt Collection Practices Act sets forth detailed rules on the types of communications creditors and their agents can have with debtors. Even calling someone who owes you at the wrong time of day could lead to penalties and the inability to recover what you are owed. New Jersey also has specific provisions relating to wage garnishment and other methods of securing payment. When you work with us, we will review all of the pertinent transactions and advise you on how to proceed without creating additional legal problems.
No matter how well your business performs, you cannot reap the rewards unless you can effectively manage your accounts receivable. There are many reasons why a customer or client might not pay you in a timely manner. They might have made a bookkeeping error or experienced a temporary cash flow problem. Alternatively, the business or individual who owes you could be facing financial difficulties that are long-term and serious. We examine the particular circumstances in each case and provide effective advocacy, whether the best option is using informal means to pursue the debtor or legal action is necessary.
Frequently, if you’re pursuing payment from a debtor, many other creditors are as well. If that debtor believes that they cannot meet their obligations without assistance, they are likely to file for bankruptcy, and an automatic stay will be entered halting your collection efforts. Our firm represents creditors in proceedings under Chapters 7, 11 and 13 in order to secure partial or total repayment from the filing party’s available assets and object to any reorganization plan that does not serve our clients’ interests.
The Bergen County lawyers at Feitlin, Youngman, Karas & Gerson, LLC have extensive experience protecting the rights of New Jersey creditors in litigation and negotiations with debtors. If you require our services, simply contact us today.
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