Because we are a law firm, as opposed to a mere collection agency, we add the following value at no extra cost.
- ASK includes a ready-to-file draft complaint with every demand letter. This demonstrates ASK means business and the defendant takes the demand seriously, whereas they would otherwise throw the demand letter in the trash.
- Because we utilize a one-step process as opposed to a collection agency’s two-step process (first sending the files to a collections firm and then sending the unresolved files to a law firm), cases resolve quicker. This is important because collectability often diminishes with the aging of the file.
- As a law firm with 10 lawyers on staff, ASK can handle unforeseen complex legal issues that may arise in the course of a collection.
- Our contingency fees are comparable to those of collection agencies.
- ASK has relationships with local counsel in all 50 states so we can initiate lawsuit quickly when needed. ASK pays such firms from their own fees and does not pass along the cost to the client. The partnership of ASK and its varied local counsel obviates any fear a client may have of being “home cooked” by a defendant.
- As a law firm, we can enforce the judgments granted in the civil actions. We prepare and file the appropriate garnishment, attachment and post-judgment discovery to track the enforcement process to ultimate collection.
PRE-SUIT AND LITIGATION METHODS
Pre-suit demand packages typically include:
- A letter explaining 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 phase.
If the matter cannot be swiftly resolved, ASK initiates litigation. Each complaint is served with the following:
- 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 immediately serve Requests for Admission, Interrogatories and Requests for Production of Documents in response to the answer.
After we obtain a judgement, 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.
