Collections FAQs

Share This Post:

Geraci Law Firm has a proven track record of successfully resolving collections issues for accounts in default, and judgments in eviction cases. We are the nation’s largest law firm dedicated almost exclusively to the private/non-conventional lending space and are the industry’s leading legal resource for specialty lenders, asset-based lenders, private lenders, and non-bank institutions.

How Do I Start a Case?

Clients can reach out any time to Geraci’s litigation team to start a case. We have a thorough understanding of the non-conventional lending space and the real estate landscape. We know the ins and outs of your business and are intimately familiar with the unique challenges you face daily, allowing us to provide an unprecedented level of individually tailored support. Geraci Law Firm has helped countless investors, lenders, loan servicers, foreclosure trustees, brokers, real estate agents, creditors, businesses, officers, and directors resolve a vast array of legal and compliance issues in state, federal bankruptcy and administrative actions.

What Documentation Do I Need to Start a Case?

Clients should have copies of any judicially issued judgments, if applicable, or account statements. Note that our team has the requisite experience and resources to pursue collection in cases where there is no court-ordered money judgments. Additionally, in eviction cases, clients will need the rental application and itemization of the security deposit for the property.

What Exactly Does the Collection Process Entail?

The initial step involves locating the debtor and their assets. Geraci uses a broad range of techniques to find the debtor using the information provided by our clients. If our team is able to determine the debtor’s employment entity or retrieve their financial account(s) information, we will immediately facilitate either a wage garnishment or bank levy following entry of judgment. Alternatively, if the debtor’s mailing address or telephone number is known, we will make direct contact with the debtor to obtain prompt payment of the outstanding balance. Depending on the balance owed, a judgment debtor examination can be had, where the debtor must identify the location of his assets for you to collect.

What if There is No Judgment? Can I Still Make the Debtor Pay?

Geraci’s attorneys are skilled in negotiation approaches with debtors to assist clients in obtaining payment without a formal judgment. After we have established the debtor’s location, we will analyze the charges they owe and provide them any needed clarifying details to support the validity of your claim and our bilingual collection team is well-versed in structuring effective resolutions to common tenant-landlord issues and mitigating debtors’ objections.

What if Negotiations are Unsuccessful?

Where applicable, Geraci will promptly report the existence of the unpaid debt balance to all three of the main credit bureaus (Experian, TransUnion and Equifax). Our legal team will maintain regular written and verbal communication until the statute of limitations expires and will thoroughly review the account for potentially establishing a judgement via small claims court. Factors such as the size of the debt and chance of successful collection following a judgment dictate whether small claims court is a viable alternative.

Reach out to our team today to get started.

Questions about this article? Reach out to our team below.
RELATED
CA Private Lender Licensing

CA Private Lender Licensing

As a private lender in California, it is crucial to understand the unique requirements and limitations between a California Finance Lenders License (CFL) versus a