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Pre-suit and litigation methods

Before filing a lawsuit, ASK LLP tries to recoup money through demand letters. If pre-suit demands are inconclusive, ASK LLP will litigate until collection efforts are exhausted.  We proceed on the basis that the best results are achieved by communicating in a frank and courteous manner under the pressure of time deadlines to achieve resolution.  Given the efficiencies resulting from our proprietary case management systems and economies of scale, we rarely hesitate to commence litigation if a "deadline" payment date has expired.

A. Pre Suit Demands & Litigation Preparation

Pre-suit demand preference packages typically include:

  • A letter that explains (i) the basis for the avoidance claim in layman's terms, including the statutory or Plan-based obligation of the Plaintiff to recover avoidance claims and the date on which we will file a complaint if they do not settle the matter; (ii) how we determined the avoidance liability, along with supporting schedules, lastly (iii) how to resolve the matter or furnish documentation if the recipient contends they have additional defenses to all or part of the avoidance claim.
  • A draft complaint that names the transfer recipient and the amount of the gross transfer claim.
  • An offer and acceptance form

Pre-suit demand account receivable packages typically include:

  • A letter that explains the nature of the debt including copies of the documents upon which the debt is based.
  • A draft complaint customized to the local jurisdiction where a suit would be filed if the claim is not timely resolved.
  • To avoid delays in filing suit after the "deadline" period has passed, we verify legal entity status and the registered agent for service of process during the pre-suit collection cycle.

B. Litigation

In preference and other avoidance cases, we serve the summons and complaint with:

  • A cover letter referencing our prior demand and the "deadline" date contained therein (thus making good on our promise to timely litigate if the matter was not consensually resolved).
  • Requests for Admission, Interrogatories and Requests for Production of Documents (with a conditional response date set to the later of the initial meet and confer or the initial status conference hearing date).
  • A Notice Re: Certain Local Rules of the presiding Bankruptcy Court
  • Initial Disclosures of witnesses and location of records

In account receivable cases, we serve the summons and complaint with:

  • A cover letter referencing our prior demand and the "deadline" date contained therein (thus making good on our promise to timely litigate if the matter was not consensually resolved).
  • Notices required by Local Rules
  • If an answer is filed, it is our custom to serve Requests for Admission, Interrogatories and Requests for Production of Documents within 5 business days of service upon us of the answer.

We move quickly to push litigation to settlement or trial. One of our early goals is to convince defendant and opposing counsel that our claim is well founded under statutory and case law, and that litigation is a costly alternative. We guide our conduct so that opposing parties realize that we are courteous but aggressive, knowledgeable, and efficient.

ASK maintains a vast library of memoranda, summary judgment motions, and briefs that cover virtually every issue that arise in avoidance litigation and commercial collections.

C. Obtaining Enforcement Of Judgments

  • We domesticate federal and state judgments in the jurisdiction where the defendant resides or is known to have assets.
  • Judgments are promptly enforced by levies against identified bank accounts and garnishment of other assets.

Basic practice

News & Events

  • August 2015

    Edward Neiger and Alex Govze publish article entitled Protecting Your Interests When a Debtor Is Heading Into Bankruptcy in the Credit Research Foundation Journal. The articles explores several options creditors of soon-to-be bankrupt debtors can protect themselves in the event of a bankruptcy.

    Read more