Collections

Leopold Law represents the interests of businesses and professionals in a variety of matters, including commercial debt and loan collections, liens, judgment enforcement, and more. We understand that thorough research and resourcefulness can provide significant information regarding the assets and financial interests of judgment debtors, leading to the successful collection of unpaid debts. With persistent and efficient techniques, our Bergen County collections attorneys can represent credit agencies, landowners, contractors, surgical centers, and professionals such as medical practitioners in Northern New Jersey and New York. Our litigation attorneys can guide you through the process of collecting a judgment or initiating a collections action against a debtor.

Collecting debts owed under loan agreements, promissory notes and negotiable instruments, fees for professional services, goods, and others in New York and New Jersey is extensively regulated by state and federal law. In many cases, an experienced debt collection attorney can negotiate or settle a debt dispute without filing an action in court. If legal action is necessary, there are certain requirements and restrictions before and after initiating formal debt collection proceedings. Due to the complexity and fact-specific nature of debt collection laws, discussing the details of your situation with a knowledgeable collections lawyer in Bergen County or beyond can be helpful in learning more about your legal options.

Generally, there is a statute of limitations period in which a collections action must be brought to collect on an account or debt. If the action is not filed within that time, the court may dismiss the case. In addition, the debtor must be served with a summons and complaint. If the debtor does not respond to the complaint within a specific number of days, a motion for default judgment is typically filed with the court. After a default judgment is entered against the debtor, the judgment creditor may proceed with enforcing the judgment, as explained below. If the debtor responds to the complaint, the parties will conduct discovery and gather information for trial. The parties may settle their dispute or proceed with a trial.

Once a judgment has been obtained against a debtor, there are several ways in which the law provides for the enforcement of the judgment. It is generally beneficial to conduct a thorough search of public records to find information regarding the property and assets of the debtor. Post-judgment proceedings will allow the judgment creditor to conduct discovery to obtain information and documents from debtors, financial institutions, and others regarding the assets of judgment debtors. The judgment creditor may file a motion with the court for installment payment orders, wage garnishments, levies, receiverships, or contempt of court. The judgment creditor may also file a motion or initiate an action for the court to set aside fraudulent conveyances of property and money from the debtor to another party, or impose liability on other parties under various legal theories. In addition, judgments may be enforced by executing on and selling property of the debtor.

At Leopold Law, our legal team has the experience and knowledge to pursue overdue debt and loan payments to the full extent of the law. Our Bergen County collections lawyers serve many areas of Northern New Jersey, including Bergen, Passaic, Hudson, and Essex Counties, in addition to New York. Call the corporate lawyers at Leopold Law at (201) 345-5907 or contact us online to schedule a free consultation.