How does Levey Filler collect money from the debtor?
We file a lawsuit for collections against the debtor. The lawsuit will seek repayment of money owed, interest, all damages available for breach of contract, and if applicable, attorney’s fees incurred as part of the litigation process. When the judge awards a judgment to collect damages, the debtor becomes legally obligated to pay. Further penalties and interest may accrue.
How does Levey Filler collect on the judgment?
A judgment gives us the power to do three things. We can garnish the debtor’s bank account or wages. We can seize the debtor’s assets. We can file a garnishment action against any third party that owes the debtor money.
How long does it take to get a judgment?
The defendant has twenty days to respond to the lawsuit. After we receive the response, in most cases we will move for entry of a summary judgment and set the case for trial. The defendant must receive twenty days notice before the hearing on the Motion for Summary Judgment and, if judgment is not entered at the hearing, the trial is usually scheduled within two to three months.
What if the defendant hides its assets?
After judgment is entered, we will seek to locate the hidden assets and file suit against any third party holding the assets.
Do you handle cases on a contingency?
We handle cases on a contingency fee basis, or on an hourly fee basis, or on a combination of both. We recommend the best fee for the benefit of our client. If you believe the debtor will pay after being sued, you will maximize your recovery by paying by the hour. If, instead, you believe the debtor will put up a battle and not pay quickly, you should pass the risk of the litigation to the attorneys and take the case on a contingency fee basis. We typically charge a small retainer when a contingency fee is requested. We will also start a case on an hourly basis and consider converting it to a contingency fee basis if the client requests that we do so.
Won’t the debtor and the debtor’s lawyer try to stall the proceedings?
Levey Filler takes pride in seeking to eliminate all stall tactics by the debtor and its legal counsel. We fight delay to make them pay.
