If you obtain a judgment in another state, but your judgment-debtor has assets in Arizona, contact Windtberg & Zdancewicz, PLC to assist you.  Our attorneys are experienced in domesticating foreign judgments and helping out-of-state clients, creditors, or lawyers with collection efforts.

A “foreign judgment” is a judgment, decree, or order of a court in the United States or of any other court which is entitled to full faith and credit in Arizona.  Pursuant to the Uniform Enforcement of Judgments Act (as adopted by Arizona), a copy of any authenticated foreign judgment may be filed in an Arizona superior court.  The clerk of the superior court “shall treat the foreign judgment in the same manner as a judgment of the superior court of this state.” A.R.S. §12-1702.  Once the judgment is domesticated, it is fully enforceable in Arizona.

If you have a foreign judgment, the attorneys at Windtberg & Zdancewicz, PLC are prepared to assist you with domesticating it in Arizona and collecting the sums owed to you.  You will receive the benefit of our knowledge of the issues that arise in Arizona judgment domestication matters, to help you make the best choices for your unique situation. Once the judgment is domesticated, we will provide our years of collection experience and strive to help you recover the money you are owed.

The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation.  We handle many types of business disputes on behalf of both creditors and debtors. Our attorneys handle cases from pre-litigation negotiations through litigation, obtaining and enforcing judgments to collect what our clients are owed.  We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases.  If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.

 

In Arizona, the general rule is that the money or property of an Arizona limited liability company (“LLC”) or limited partnership (LP) cannot be taken by creditors to pay off the personal debts or liabilities of the entity’s owners.  There are exceptions to this rule.  Judgment creditors of owners of interests in a LLC or LP can get a charging order.  A charging order is a court-ordered remedy that only entitles the holder of the order to temporarily receive distributions from an entity in which a judgment debtor has an interest until the judgment has been satisfied.  A creditor who holds a charging order is not entitled to participate in the management of the entity or compel distributions.

While the LLC and LP are the most common types of entities where creditors obtain a charging order, entities such as a limited liability partnership (LLP) and limited liability limited partnership (LLLP) may also authorize creditors to obtain charging orders.

If you need assistance obtaining a charging order or other collection methods, contact the attorneys at Windtberg & Zdancewicz, PLC today.  They are experienced in creditor’s rights and how to effectively pursue judgment debtors.

The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation.  Our attorneys handle cases from pre-litigation negotiations through litigation, obtaining and enforcing judgments to collect what our clients are owed.  We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases.  If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.

 

Many creditors fail to take action to collect past-due obligations.  Typically, it is because the creditor does not want to invest the time or effort it takes, but it is also because it is an unpleasant task.  We all know times are hard for a lot of borrowers-customers, so asking somebody to pay up makes the creditor feel like the “bad guy.”  Finally, creditors often hope that if the debtor is given time, he will simply pay the debt.  In fact, as more time passes, the less likely the debtor is to pay anything to the creditor.

Thus, there are 3 important considerations for creditors when it comes to collections:

1. Take preventative measures to protect yourself from collection issues in the future.  This begins with a comprehensive credit application.  For more information on items to consider for your credit application, please read our blog titled “Is YOUR Credit Application the Best it can be?”
2. Create clear payment obligations with the debtor.  If the debtor does not make the payment in a timely manner, the creditor should immediately take action as set forth in the contract.  This typically means the creditor should make contact with the debtor and advise that the collection process will commence if payment is not immediately forthcoming.
3. If the debt is not paid within the deadline given to the debtor, the account should be placed with an attorney for collection.  Delaying taking affirmative collection action will only decrease the likelihood of receiving payment from the debtor.

If you would like assistance drafting a credit appplication that will improve your chances of recovery, or if you require legal help with your collection efforts, contact Windtberg & Zdancewicz, PLC, to schedule an appointment.

The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation.  We handle many types of business disputes on behalf of both creditors and debtors. Our attorneys handle cases from pre-litigation negotiations through litigation, obtaining and enforcing judgments to collect what our clients are owed.  We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases.  If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.

 

 

 

 

Hiring the right attorney to handle your collection matters is one of the most important decisions you can make for your business.  But how do you know which attorney is the “right one?”  While there are many factors to consider, below are a few important questions to ask the attorneys you are considering hiring:

• Is the attorney experienced?  Do not assume that the attorney has experience handling accounts or claims similar to yours.  You should specifically ask them how many years they have practiced in the area of collections and what percentage of their practice is focused on creditor’s rights.

• What can you expect to recover?  The attorney should inform you of the likelihood of success in collecting the past due amounts.  Be wary of law firms that “guarantee” success.  An experienced lawyer knows that success in litigation can rarely be guaranteed and he will prepare you for the different turns that your case may take.

• What will it cost you?  There are many types of rates, such as flat, hourly, or blended, so it is important to understand what services are included in their fee.  What is most important is that the attorney and the client are clear and comfortable with the fee agreement.

• What can you expect?  It is important to understand how the attorney will communicate with you.  Your initial consultation will tell you a lot about how comfortable you feel with the lawyer, so your gut instinct is usually right.

Take the time to interview attorneys and choose one you trust and feel comfortable representing you or your business.  Asking questions will help you feel completely confident in your decision.

HAPPY NEW YEAR!

The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation.  Our attorneys handle cases from pre-litigation negotiations through litigation, obtaining and enforcing judgments to collect what our clients are owed.  We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases.  If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.

 

 

A creditor’s relationship with a debtor begins with the credit application.  Thus, creditors should not treat this document as a formality, but as a crucial step in learning about the borrower.  A creditor generally has certain requirements that must be met before a loan will be given or credit will be established, but many fail to look for “red flags” if these requirements are met.  Below are 7 red flags creditors should be aware of:

• client uses a post office or mailing service address
• client lives out of state or conducts no business within the state
• client is never available when the creditor calls
• borrower complains about guaranteeing the debt or the use of an attorney’s fee provision in the contract/invoices
• name and address on checks used to pay borrower’s account do not match client’s name and address
• client always pays by money order or cash
• client repeatedly pays with insufficient or post-dated checks

These are just a few items that may indicate the client could be trouble.  Ultimately, it comes down to learning as much as you can about the borrower.  If you discover information that is inconsistent or insufficient, it is important to clarify it with the borrower before the loan is made or credit is extended.

If you need legal help with collection efforts against a borrower (or several borrowers), contact Windtberg & Zdancewicz, PLC to schedule an appointment.  Our attorneys are experienced and knowledgeable in all matters related to creditor’s rights.

The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation.  We handle many types of business disputes on behalf of both creditors and debtors. Our attorneys handle cases from pre-litigation negotiations through litigation, obtaining and enforcing judgments to collect what our clients are owed.  We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases.  If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.

 

There are a variety of factors to consider when it comes to collecting credit card debt.  One important factor is the applicable statute of limitations.  The attorneys at Windtberg & Zdancewicz, PLC, are experienced and knowledgeable in assisting creditors with their credit card debt.

The statute of limitations that applies depends upon what type of account the card holder has with the creditor that issued the credit.  An open account means there is an expectation of ongoing transactions.  If the account is an open account or if there was no written contract with the card issuer, the statute of limitations may be 3 years from the date of the last transaction with the issuer of the card (A.R.S. § 12-543).  If there was a written contract between the borrower and the credit card issuer, the statute of limitations may be 6 years from the last transaction (A.R.S. § 12-548).

When an individual executes a written contract for the use of their credit card, he/she agrees to all the terms therein, including payment of the debt.  When the person fails to pay their debt, they have breached the contract and the creditor has the right to file a lawsuit against the borrower.  Once the credit card issuer is granted a money judgment for the unpaid balance on the credit card, the creditor can proceed with a garnishment to collect the amount due.  The two types of garnishment are wage garnishments and account garnishments.

If you need assistance with collecting credit card debt, the attorneys at Windtberg & Zdancewicz are ready to help.

The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation.  We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases.  If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.

 

Hopefully you have read our blog titled “3 Basic Steps of Collection Lawsuits in Arizona.”  This blog will summarize the first critical step of a collection case in Arizona, which is to file the Complaint.  The Complaint is the pleading that names the defendants and sets forth the allegations against them.  This is a very important document and it should be drafted correctly.

The Complaint should name everyone who is legally responsible to pay the creditor.  Failure to name a party in your lawsuit could be a very costly mistake.  It may bar you from collecting from that party at a later date, or it may mean you would be required to file a new lawsuit against that party.  Additionally, it is imperative that the creditor assert all the claims that it may have against the defendant(s).  Thus, if the defendant is liable to the creditor under a promissory note, guaranty, or other type of agreement, the Complaint should include every allegation of liability.

Other allegations that should be included in the Complaint if they are allowed are an award of prejudgment interest, attorney’s fees, and post-judgment interest.  The jurisdiction of your lawsuit and the terms of the contract between the parties will determine whether or not a creditor is entitled to seek these types of awards from the court.

Filing a lawsuit requires more than just filling out a simple form.  A creditor must insure that it is seeking the proper relief from all of the correct people, or it could be an expensive mistake.  Thus, it is important to retain knowledgeable and experienced legal counsel from attorneys like Marc Windtberg and Michael Zdancewicz.

The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation.  We handle many types of business disputes on behalf of both creditors and debtors.  We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases.  If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.

If you are a creditor looking to collect on various claims, it is important to retain an attorney who understands the difference between a “commercial claim” and a “retail claim.”  Following the proper procedures and the most effective methods is crucial to successfully collecting the amounts due to you.

A commercial claim arises from an obligation to pay for goods sold or leased, services rendered, or money loaned for use in the conduct of a business or profession.  These types of claims include open account, commercial leases, contract, insurance subrogation, and equipment leasing.  According to the Commercial Law League of American (CLLA), an average commercial claim is defined as $2,000.

A retail claim arises from any obligation of a consumer to pay money arising out of a transaction which is primarily for personal or household purposes, including transactions for:

• Goods
• Money
• Lease
• Financing
• Property
• Insurance
• Services rendered.

Common types of retail claims include auto loan deficiency, credit card debt, and mortgage loans.  Claims that are not retail claims are considered to be commercial claims.

If you are looking for attorneys who will strive to collect your commercial and retail claims quickly and efficiently, contact the Windtberg & Zdancewicz, PLC law firm today.

The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation.  We handle many types of business disputes on behalf of both creditors and debtors. Our attorneys handle cases from pre-litigation negotiations through litigation, obtaining and enforcing judgments to collect what our clients are owed.  We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases.  If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.

 

 

When you are dealing with borrowers who have filed for bankruptcy protection, it is important to understand the legal jargon used by the bankruptcy court.  For example, understanding the difference between “discharge” and “dismissal” is very important to your collection activity.

The goal of debtors is to obtain a discharge (elimination) of their debt.  For a creditor, a discharge of the debt means that there is no (or modified) liability for the borrower’s debts.  Thus, once your borrower has discharged the debt owed to you, it is no longer collectible by you.

In contrast, the dismissal of a bankruptcy case may be good news for creditors.  A dismissal is an indication that something has gone wrong in the borrower’s case.  Thus, the court has ended the case by dismissing it without the debtor being granted a discharge.  If the debtor does not get his debt discharged, then it remains due and owing.

These terms can easily be confused, but they have significantly different meanings.  Creditors must educate themselves about bankruptcy terms to insure that they are in compliance with the law and that they are taking advantage of being able to collect debts that are still valid.

The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation.  We are experienced in creditor’s rights in bankruptcy cases.  If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.

 

 

If you want to be successful in your collection efforts, it all begins with your credit application.  Most applications for credit include the borrower’s address, where the borrower owns property, employment and banking information.  But, is this enough?

A secret weapon that many creditors do not take advantage of is requesting the borrower’s email address.  Why is this important?  It may seem worthless because if a borrower isn’t answering your letters or telephone calls, wouldn’t they simply delete emails from you?  Using email to contact the borrower isn’t the point.  An email address is as close as a digital footprint as there is online.  Get this information before extending credit.

Almost everyone has a Facebook, LinkedIn, or other social media account.  When you search for a borrower’s name, you may get hundreds of false hits.  However, when you run a search with a specific email address, you are sure to find the correct person!

Once you find a person’s social media website, you will discover a lot of helpful information.  If the person has changed jobs since they completed the credit application, they may have listed their new employment information.  They may also make comments or give other hints on how your process server can locate them.

Adding one simple line to a credit application can allow you to discover a wealth of information about your borrower.  While people may change their address, job, or telephone number, they typically keep their email address active.

The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation.  We handle many types of business disputes on behalf of both creditors and debtors. Our attorneys handle cases from pre-litigation negotiations through litigation, obtaining and enforcing judgments to collect what our clients are owed.  We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases.  If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.