Collections Law FAQs

We typically remit to a client once a month. A client will receive a detailed statement of account with the remittance. The monthly statement identifies monies recovered by the firm and disbursements incurred. Attached to such statement will be a net remittance check, representing all monies collected, less the firm’s fee and disbursements in the event the matter is on a contingency fee basis. If the matter is hourly, you will receive an itemized statement reflecting the work performed during the preceding month along with a bill for services rendered.

Claims are not settled without first obtaining the client’s approval, unless the settlement is within the client’s pre-arranged settlement criteria.

Our fees are discussed and agreed upon prior to accepting your claim and incorporated into the acknowledgement or retainer. Normally, the fee is contingency and is only earned when we collect from the debtor. Other fee arrangements include hourly charges, if preferred. In the event the debtor submits a counterclaim, you will be responsible for an hourly charge to be agreed upon between us.

It depends upon the court. If City Court is used, we request an advance of $350. If Supreme Court is used, we request an advance of $550. These amounts will cover the filing fee and process server fee.

After judgment is entered, enforcement proceedings are immediately commenced. Income execution to garnish wages, restraining notices to banks and information subpoenas to locate other assets are utilized. All legal avenues are taken to enforce your judgment.

Your file is advanced the appropriate number of days depending in how the debtor was served for us to enter judgment. In the event an answer is received, the file is coded accordingly and the matter is discussed with you for the next course of action. Typically, the matter can be resolved through a summary judgment motion or a negotiated settlement between the parties.

In the event contact with the debtor fails to produce a payment arrangement, our office will prepare a Summons and Complaint and send it to you to review and sign off on it through a verification page. Once it is returned to our office, we will file the Summons and Complaint with the appropriate court to initiate suit.

You will receive an acknowledgment of the claim placed with our firm and the terms agreed upon for us handling the placement.

Once you agree with the terms by executing the acknowledgment or retainer agreement, an initial demand letter is mailed to the Debtor. Our initial demand letter complies with all requirements of the Fair Debt Collection Practices Act (FDCPA) in the event the collection is considered a consumer credit transaction.

In addition to the demand letter and within the first month of placement, our staff will verify the information you provide us, skip trace if necessary and return any phone calls the debtor made to us in an attempt to settle the matter.

If settlement cannot be reached or an amicable payment arrangement entered into by the debtor, immediate litigation is recommended when the debtor has a known asset such as a place of employment or owns real property.

Lacy Katzen LLP handles claims throughout the entire State of New York.