Gregory D. Delev Collections Law Blog on Lawyers.com

Collections attorneys like collections agencies recover debt for lenders. The two big differences are that: Ohio collections attorneys have the ability to utilize the legal system to protect their clients and for that matter to protect the debtor, and they can offer advice and guidance on how creditors can minimize their need for collection agencies or lawyers. Depending on the type of situation the attorney can fashion an arrangement where they do not get paid unless they collect or charge a flat fee for their services or bill on an hourly rate.

While creditor’s rights lawyers have the best interest of their clients at heart, using lawyers in the collections process adds to the dimensions to their responsibilities. Lawyers must adhere to their Code of Professional Responsibility and when the judicial system becomes involved it can offer oversight to the collection process affording protections to both the debtor and the creditor.

In addition, collections attorneys can utilize all available means within the law to recover debts and afford creditors a one stop shop approach.

Depending on the situation, the collection attorney can utilize non-judicial methods that collection agencies perform such as contacting the debtor, as well as working with the debtor’s attorney and/or other representative, and if possible, bringing the matter to resolution without needless expenses or adding to the already strained judicial system. The various methods attorneys can utilize to collect debts in Ohio include:

• Writing letters on attorney letterhead, and if required proper notices under the Fair Debt Collection Practices Act or as required under the Agreement of the parties.
• If necessary meet with the debtor and his legal counsel or other representatives.
• Initiate efforts for the creditor and debtor to work towards resolution by engaging a third party mediator.
• Attorneys and their staff can conduct additional research to make recommendations to the client to determine if it makes economic sense to proceed with collections.
• Once the suit is filed and the Court awards a judgment that the creditor is legally owed a specified amount of money by the debtor, the attorney can take additional judicial actions to collect including:
  
• Garnishment of wages and/or bank accounts
  
• Instructing court appointed officers to seize certain property from the debtor and sell it at public auction
• Taking control of the debtors business through the appointment of a receiver or forcing the debtor into involuntary bankruptcy
  
• Issuing a lien against the debtor’s property that would give the creditor an interest in the debtor’s assets and prevent them from liquidating it without paying the debt.
  
• Instituting foreclosure on the debtor(s)’ property
  

It is only after the attorney has exhausted non-judicial means and he has given his client sufficient counsel on the debtor’s situation that judicial mean should be considered. The attorney, Ohio debt collector, should advise the client that filing a lawsuit does not guarantee the debtor will or can pay the debt and that the creditor could be exposed to potential claims by the debtor and those risks should be weighed. In addition the attorney should give advice to the client as to the economic costs to collect the debt weighing business factors into the equation as well. Otherwise the client could waste time, money and effort. Utilizing an attorney is probably the most effective way to ensure your rights are protected and to avoid potential claims for violating collection laws as well as to gain access to other means for recovering debt. If your previous efforts have failed to recover debts for you, then contact Delev & Williams, L.L.C. Not only can we provide representation in Ohio and Kentucky, Delev & Williams works with law firms across the Country and around the World to ensure your rights and assets are protected.