In this episode of the Vann Attorneys Legal Pad Podcast Attorneys James Vann and Ian Richardson discuss the process of executing on a judgment against an individual debtor. James and Ian explain the individual debtor’s right to claim certain exemptions as well as other important considerations when executing on a judgment against an individual.
There are several types of bankruptcies, and they offer different protections for debtors and different outcomes for creditors. Understanding which type of bankruptcy has been filed and whether there are assets and possible payments to creditors can help a creditor determine the amount of resources to expend on monitoring and participating in the bankruptcy.
In this episode of the Vann Attorneys Legal Pad Podcast Attorneys James Vann and Ian Richardson discuss the process of executing on a judgment against a corporate debtor.
What are best practices in commercial collection efforts? What should I say and what should I not say? How should I communicate with our customer? How do I know how many times to call the customer? May I send an email to our delinquent customer with details of the past due account? Can I send the customer a text? We discussed these topics and more during this fast-paced webinar.
In this episode of the Vann Attorneys Legal Pad Podcast Attorneys James Vann and Ian Richardson bench trials, jury trials, and the basics of judgments.
In this episode of the Vann Attorneys Legal Pad Podcast Attorneys James Vann and Ian Richardson discuss what contested litigation looks like in the event a Defendant answers a lawsuit you have filed against them.
In this episode of the Vann Attorneys Legal Pad Podcast Attorneys James Vann and Ian Richardson discuss the process of obtaining a default judgment when the Defendant does not answer a lawsuit.
The typical collections process when we receive a new file includes sending a demand letter, filing a lawsuit, obtaining a judgment, and then beginning post-judgment execution against the debtor’s assets. The process can take several months to more than a year to get to the point where assets can be seized. In some cases, this lengthy process can be devastating to the ability to collect the debt. North Carolina law offers some prejudgment options that can be utilized immediately under the right circumstances. Among these is a prejudgment remedy known as attachment.
In this episode of the Vann Attorneys Legal Pad Podcast Attorneys James Vann and Ian Richardson dive into issues surrounding the use of demand letters. Topics include what information is contained in a demand letter, the legal significance, or lack thereof, of demand letters, and how to deal with responses to demand letters.
Judgment creditors face unique challenges when attempting to collect a debt from a corporate entity as opposed to an individual. Among many challenges, one is what to do when a debtor corporation or LLC ceases to exist. It should come as no surprise that corporate entities are not always around forever. They are often merged with other entities, dissolved, or abandoned. While that may spell the end of the road for creditors, it is not necessarily the case.
We discussed the issue of bankruptcy strategies for creditors, defunct corporations and how they impact your accounts receivables, slow pay or no pay by customers and tips to avoid evasive debtors.
In this episode of the Vann Attorneys Legal Pad Podcast Attorneys James Vann and Ian Richardson discuss issues associated with customer defaults. Topics include, how to deal with the customer prior to hiring a lawyer, partial payments, payment plans, and customer bankruptcies.
We often have situations arise where a debtor seeks to avoid execution on a judgment by giving notice of appeal to the North Carolina Court of Appeals. Often debtors, and even some lawyers, operate under the impression that if they appeal a judgment, a creditor is precluded from taking steps to execute on the judgment. This is an incorrect assumption.
In this episode of the Vann Attorneys Legal Pad Podcast Attorneys James Vann and Ian Richardson discuss issues associated with business contracts. Topics include, whether credit should be extended, and how much, key contract terms, effective credit applications, and how to set yourself up to possibly recover your attorney’s fees if you must use a lawyer to collect on an account.
In this episode we provide an overview of the Vann Attorneys Legal Pad Podcast which will focus on issues that arise in business and credit and collections litigation. Attorneys James Vann and Ian Richardson provide a high level overview of the credit and collections process from the initial contract through post-judgment collection efforts. In the episodes which follow, James and Ian will breakdown each of the topics discussed in more detail.
Suppose you have a judgment against a debtor and the debtor either leaves the state or owns property in another state. How can you collect on your judgment? The answer to this question lies in a basic understanding of how these “foreign judgments” operate.
How are you effectively managing customers that are procrastinating in getting you paid? Our firm works with many different types of companies and industries; our attorneys understand best practices to effectively manage accounts receivable for your organization.
Jim Beck discusses discusses situations in which a bankruptcy is either beneficial to a creditor or only a mild hindrance to collection. Creditors should actively seek out opportunities to use the bankruptcy laws to their benefit and make sure there are no available recovery options prior to ceasing collection activities.
Wednesday, August 10 2016 from 3:00 to 3:30 p.m.Vann Attorneys Webinar: Business Contract Terms & Conditions: Shield or Sword? How can terms and conditions in a business contract be used for your protection? We will review common terms in business contracts and look at how they can be used to your advantage. Submit your questions in advance by email and …
Thursday, May 19, 2016 from 3:00 to 3:30 p.m.Vann Attorneys Webinar: What Happens To Your AR When Your Customer Files for Bankruptcy Join us for a conversation about how to best protect your company when your customer files for bankruptcy. What protections should you be putting into practice? How soon will you see your money? Do you have a potential preference …
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