Collection cases are brought to enforce payment of an unpaid debt, but they are rarely simple even when the debt is clearly established. The first hurdle to clear is ensuring that a collections action is filed in a timely manner. Depending on the type of debt, the length of time to file an action may vary in both actual length and whether it is counted from when the debt is first incurred or the last payment was made. In terms of the actual filing of the action, it must be made in the proper court and the debtor must receive proper notice of the action.
Once in court, the creditor will have to show proof of the debt, and the debtor will have the opportunity to respond with proof of payment, evidence that there was no debt, or some other defense. Even upon winning in court, a creditor may still have to fight to secure payment. If the debtor still fails to pay, this could involve going back to court for an order to garnish the debtor’s bank account and wages.
Our firm focuses on debts over $100,000, and we have experience representing both debtors and creditors. If you are owed money or are facing a collections action, contact us for assistance.