At Laguna Law, we collect unpaid debts by getting the debtor’s attention.
Sometimes a simple demand letter is all it takes. Other times more aggressive approaches are required. If the demand letter goes unanswered, we reduce unpaid debts to judgments and then take action to collect those judgments. Although we have a basic approach to debt collection, we tailor our approach to your needs and after each step discuss the cost of proceeding with the benefits to be obtained.
(1) Demand Letter. We begin the process with a demand letter to the debtor, even if you have already sent one on your own. A demand letter from a lawyer gives the debtor one final chance to resolve the matter before things escalate.
(2) Plaintiff’s Original Petition. We prefer to file the petition between 10 and 30 days after the due date in the Demand Letter. Filing fast is the best way to show the debtor we mean business and keep the pressure on.
(3) Motion For Default Judgment. After the debtor has been served with the petition, they have a certain time period in which to file an answer with the court. If they fail to timely answer, we will obtain a judgment by default for the amount of the debt, plus interest, attorneys' fees and court costs.
(4) Motion for Summary Judgment. If the debtor files an answer, we respond with a motion for summary judgment. In most cases, the debtor will have no legal defenses to the motion and the court will award a judgment for the amount of the debt, plus interest, attorneys' fees and court costs.
(5) After the entry of the Judgment. After obtaining a judgment, we will begin collecting the judgment. In post-judgment collection, we abstract the judgment which creates a lien on any real property the debtor owns. We also obtain a writ of execution and have it served by a constable or sheriff. In addition to these procedures, we require the debtor to answer discovery, conduct asset searches, garnish checking accounts and more.
No two collection cases are the same and each should be treated differently based on your goals and cost/benefit analysis. At Laguna Law, we tailor the collection process to you.