What are the steps in collecting a debt?
The first step is to send a demand letter in compliance with state and
federal laws. After we are retained, a letter is created and mailed
within 7 days of receipt of the account in our office. The letter is sent via certified
and first class mail to assure the debtor receives the demand. The debtor has 30 days to dispute the debt.
If the debtor does not respond within 30 days, telephone contact is attempted.
If there is still no response from the debtor or a voluntary repayment agreement is not in place,
we will recommend whether a petition should be filed in the proper court.
We always seek client authority to file a lawsuit.
If a lawsuit is authorized, service of the lawsuit on the debtor by the
Constable or Sheriff takes up to 21 days from date of filing.
The debtor must file responsive pleadings or seek an extension of time
within 10 to 15 days after service, depending on the court.
If the debtor does not make an appearance, a default judgment can be obtained against the debtor.
The judgment is recorded in the mortgage records of the parish/county where the debtor resides.
The debtor has 37 days to appeal the judgment either from the date the judgment is signed
or after the debtor is served with a Notice of Judgment, if necessary.
After the delays for appeal have expired, execution of the judgment can begin.
This can include garnishment of the debtor's wages or examination of the debtor under oath in court.
Can I pursue my debt in Louisiana?
What steps should I take before turning the account over to my collection attorney?
What records and documents will my collection attorney need?
How much will the collection effort cost?
Attorneys' Fees
Court and Other Costs
How and when will my collection attorney communicate with me during the process?
What kind of settlement or recovery should I expect?
How do I get paid after the debt is recovered?
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