As commercial litigation debt collection attorneys, we are legal professionals who specialize in helping businesses recover debts owed to them by both other businesses and/or individuals. If your business is seeking to collect a debt or past due receivable, our attorneys will accept contingency cases upon review.
Commercial Collection Case Process
- Review the documents that dictate the potential case.
- If the case is accepted, a Client Fee Agreement will be executed.
- A 10-day Demand Letter will be sent to the party who owes the money.
- A response will be elicited from the party who owes the debt.
- Pre-Litigation Negotiations will ensue.
- If the matter cannot be settled, then legal action will be taken.
- A lawsuit and pre-judgment writ will be filed and served.
- Litigation of the dispute will occur, and judgment will be obtained.
- Post-Judgement negotiations and post judgment collection will proceed.
- Closure of the matter upon case resolution will take place.
Types of Businesses We Help Collect Commercial Debt For:
- Business disputes
- Commercial Equipment Lessors
- Construction & Contractors
- Debt Buyers
- Entertainment professionals
- Financial Institutions
- Food and Beverage Service
- Forensic accountants
- IT service professionals
- Judgment holders
- Partnership disputes
- Private equity lenders
- Professional Services
- Property Management
- Savings and loan institutions
- Secured creditors
- Shipping companies
- Sports professionals
- Steel Company
- Unsecured creditors
Why Do You Need a Commercial Collections Attorney?
There are several reasons why a business might need a commercial collections attorney. Here’s a breakdown of the main reasons:
- Specialization: Our attorneys have highly specialized skills in the area of commercial debt collection, in particular debts which arise from business-to-business transactions.
- Legal Expertise: Our attorneys are experts in the field of commercial debt collection laws and the rules and regulations which govern these transactions. In addition to commercial collection litigation, we also specialize in consumer collections and possess comprehensive knowledge of the federal regulations which govern this field, namely the Fair Debt Collection Practices Act (FDCPA).
- Litigation: Our attorneys handle all aspects of litigation from the preparation and filing of the initial lawsuit against the debtors who fail to pay their debts through to trial and judgment. Once judgment is obtained through litigation, we proceed to collect the money judgment through such means as garnishment of wages, bank account levies, and/or placement of liens on real property owned by the debtor. We also serve subpoenas for debtors to appear at judgment debtor examinations and we initiate foreclosures of real property.
- Negotiation: Often, before matters reach litigation, our attorneys negotiate with debtors to work out payment plans or settlements.
- Representation: Besides helping businesses collect bad debt, we also advise businesses on how to handle late paying account receivables and how to draft their credit agreements to protect them in the event of a default. Reversely, we can also represent businesses that are being wrongly pursued for debts they do not owe.
- Industry Knowledge: Given the vast experience of collection of commercial debts in certain industries, our attorneys often have a deep understanding of a particular industry and can tailor their approaches based on industry-specific practices and regulations.
- Efficiency and Leverage: Engaging with a commercial collection attorney as opposed to the creditor who is owed the money, adds a layer of seriousness to the debt recovery process that makes collection more likely. Our attorneys’ involvement signals to debtors the creditor’s intent to pursue the debt rigorously, which can often expedite payments.
- Cost-Effective: While there’s a cost associated with hiring an attorney, the potential recovery of significant debts, combined with the avoidance of legal pitfalls, can make it a cost-effective decision in the long run.
- Peace of Mind: Entrusting debt collection to capable professionals enables business owners to concentrate on their core operations, free from the burden of pursuing unpaid debts.
Engaging the services of a commercial collection attorney is beneficial for businesses owed money because the attorney brings expertise and legal leverage to the collection process, often making the recovery of debts more likely as well as more expeditious.
Commercial Debt Collection Types
Here are different types of commercial debts that businesses might encounter.
- Unpaid Invoices: Amounts due for services rendered or products delivered but not yet paid.
- Accounts Receivable: Unsettled amounts that customers owe to a business, representing credit transactions for goods and services rendered.
- Business to Business Collections: Recovering debts owed to them by other commercial entities.
- Commercial Equipment Financing: Outstanding debts from financed or leased business equipment.
- Judgement Enforcement: The legal procedure for pursuing the collection of court-ordered debts or remedies following a favorable judgment in a lawsuit.
- Sister State Judgments: Judgments awarded in one state but need enforcement in another.
- Credit Cards: Debts related to corporate or business credit cards.
- Promissory Notes: Written agreements where one party promises to pay another a specific amount.
- Post-Judgment Collection: Efforts to recover funds after a court judgment has been issued.
- Insurance Premium Collection: Outstanding payments due for insurance coverage.
- Commercial Service Contracts: Debts arising from unfulfilled payment terms in service contracts.
- Commercial Leases: Outstanding rents or dues from commercial properties.
- Guarantor Agreements: Debts where a third party guarantees payment on behalf of the primary debtor.
- Trade Credits: Outstanding amounts due between businesses in a supply chain.
- Merchant Account Balances: Amounts due from merchants to payment processing companies.
- Franchisee Obligations: Outstanding amounts owed by franchisees to franchisors.
- Loan Defaults: Commercial loans taken by businesses that haven’t been repaid as per the agreed terms.
- Vendor Agreements: Amounts owed to vendors for goods or services provided.
- Utilities and Telecom Dues: Outstanding payments for utilities or telecommunications services.
- Licensing Agreements: Debts arising from unpaid licensing fees.
- Subscription and Membership Dues: Outstanding amounts due from subscription-based or membership services in the B2B sphere.
- Transportation and Shipping Charges: Outstanding payments for transportation or shipping of goods.
- Storage and Warehousing Fees: Debts arising from using storage facilities for goods.
- Royalty Payments: Unpaid amounts due to the licensor by another entity for the right to use their intellectual property.
- Construction Liens: Unpaid amounts by property owners to contractors, subcontractors, or suppliers related to construction efforts.
- Advertising and Marketing Dues: Outstanding payments for advertising campaigns, PR efforts, or marketing strategies.
- Retainer Fees: For professional services where upfront fees haven’t been paid.
- Conference and Event Fees: Debts related to organizing or participating in B2B events or conferences.
- Maintenance and Service Charges: Fees related to regular maintenance or servicing of equipment or infrastructure.
- Software Licensing Fees: Unpaid fees for using software on a licensing model.
- Brokerage Fees: Amounts owed to brokers for their services in sectors like real estate, insurance, or stocks.
- Partnership Disputes: Debts arising from disagreements or misinterpretations in partnership agreements.
- Consultancy Fees: Outstanding payments owed to consultants for their professional advice and services.
- Research and Development Costs: Amounts due related to joint R&D projects or initiatives.
- Employee Compensation: In B2B scenarios, if a company hires an employee on behalf of another and the latter defaults on payment.
- Reimbursements: Pending payments related to any expenses that were to be reimbursed.
- Exclusivity Agreement Fees: Payments for securing exclusive rights or deals with another business.
- Mergers and Acquisitions Balances: Unsettled amounts or disputes arising from M&A activities.
- Reseller and Distributor Debts: Outstanding payments from businesses that distribute or resell products.
- Media Rights and Broadcasting Dues: Unpaid fees related to media broadcasting or content distribution rights.
- Outsourcing Dues: Outstanding payments for services outsourced to third-party businesses.
- E-commerce Transaction Debts: Debts resulting from online B2B transactions.
- Equipment Repair and Maintenance Debts: Pending payments for repair or maintenance of commercial equipment.
- Intellectual Property Infringement Damages: Debts arising from IP rights violations and subsequent compensations.
- Real Estate Brokerage Dues: Pending payments in commercial real estate transactions.
- Publishing and Editorial Charges: Fees related to publishing agreements, editorial work, or content creation.
- Security and Surveillance Service Fees: Outstanding payments for security and surveillance services.
- Joint Venture Balances: Disputed or unsettled amounts in joint business ventures.
Commercial Collection Attorney’s Impact on Business Operations
Commercial collection attorneys can have a significant impact on business operations, particularly for companies in industries such as manufacturing, distribution, shipping, food service, steel manufacturing, and leasing. Our role goes beyond simply recovering outstanding debts; it extends to the overall financial health and stability of the business. Commercial collection attorneys can influence business operations by improving cash flow, reducing financial stress, preventing debt accumulation, providing customized debt recovery strategies, and preserving business and customer relationships.
The Difference Between a Commercial Collection Attorney vs. a Commercial Collection Agency
The primary distinction between a Commercial Collection Attorney and a Commercial Collection Agency lies in their roles and capabilities within the debt recovery process. A Commercial Collection Attorney is a legal professional who specializes in debt collection, possessing a profound understanding of debt collection laws and regulations and the rights and legal tools available to the creditor. They have the authority to initiate legal proceedings, file emergency recovery motions for disappearing collateral, and have the skills needed to be effective in complex cases where the debtor is hiding assets which could be used to satisfy the obligation. On the other hand, a Commercial Collection Agency is a business that contains individuals who simply negotiate with debtors but lack the legal authority of attorneys to go any further than negotiations. They cannot file lawsuits or partake in any of the legal remedies available to creditors to collect the debt.
Our Experienced Commercial Debt Collection Attorneys
Choosing the highly experienced commercial debt collection lawyers at Spiwak and Iezza, LLP, is a strategic move for businesses seeking comprehensive and effective debt recovery solutions. With our rich history and proven track record, our attorneys at Spiwak and Iezza bring not just legal acumen, but also a nuanced understanding of the business landscape, ensuring a tailored approach for every client. Our vast experience translates to a deep familiarity with debt collection laws, efficient negotiation tactics, and a swift navigation through complex litigation processes. With over 30 years of experience, engaging with Spiwak and Iezza, LLP ensures that businesses are backed by seasoned professionals whose primary goal is to protect their client’s interests and achieve optimal financial resolutions.