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Collections
Collecting Debts
The firm’s principal attorney, Michael J. Fuller, is AV rated and has over 3 decades of experience practicing collection law and is recognized by other Arizona attorneys as the person to hire to get the job done. Mr. Fuller is passionate about his desire to help other people and feels blessed to be able to do so with the privilege of practicing law. Mr. Fuller is sincerely interested in each client’s matter and will work with each client to devise a cost effective way to accomplish the client’s goals. In these tough financial times, it’s time to get tough with the people who owe you money.
Common Collections Questions and Answers
Who needs the services of an attorney whose practice emphasizes the collection of debts?
a friend or relative borrows money from you;
you sell goods or services to a business associate;
someone takes your property without justification;
or a former spouse owes you money for child or spousal support or;
you have secured a judgment but the debtor still refuses to pay.
A court order or judgment is simply a judge’s declaration that someone owes you money. You are unable to take the order/judgment to a financial institution to convert the piece of paper into money you deserve.
While most attorneys have experience securing an order or a judgment from the court, very few lawyers focus their practice on actually accomplishing satisfaction of the court’s declaration. The firm is frequently retained by attorneys to collect judgments or delinquent child support/alimony awards for them or their clients. The firm prides itself in its role as the “lawyer’s attorney”, and works closely with attorneys to accomplish either their or their client’s objectives.
What is the cost to retain the firm?
We will promptly give you an honest assessment of your chances of success in order for you to evaluate whether you want to go forward. If you decide to retain the firm, you will only be responsible for out of pocket costs incurred which sum is predictable and is dependent on the strategies we devise for your case. Most of these expenses can ultimately be collected from the debtor. In some cases, the firm may advance these costs.
In most cases, the firm’s fee is calculated as a percentage of the money we collect for you (usually between 33.33% and 40%). In other words, you are not required to pay us a fee unless we are successful. What do you have to lose-the debtor is not going to send you a check anytime soon? It is always better to take a percentage of something than to never experience any justice for your financial loss.
What are the collection strategies the firm adopts when hired by a client or an attorney?
The two most common methods used to actually gain possession of the debtor’s money or property are the wage and non earnings garnishment. With a wage garnishment, we serve the debtor’s employer with a writ of earnings garnishment. The garnishee is required to file an answer stating whether the debtor works for the garnishee. If the garnishee indicates in the answer that the debtor is owed compensation, we can apply for an order of continuing lien which will require the employer to remit 25% of the debtor’s net earnings to the firm.
With a non earnings garnishment, we serve a bank or other financial institution with a writ ordering the garnishee to withhold money or property in the possession of the garnishee belonging to the debtor. If the garnishee’s answer indicates that it has money or property of debtor, we will then apply for a judgment against the garnishee who then pays the judgment. Other strategies employed by the firm include but are not limited to setting a debtor exam, securing an order for the sheriff to sell real or personal property owned by the debtor and setting up a receivership to take over a debtor’s business.