Collections, Asset Recovery and Creditor Bankruptcy Representation
Arnold & Arnold, LLP specializes in commercial collections, construction collections and creditor representation in the bankruptcy court. We handle matters ranging from complicated construction mechanic’s lien cases, to small commercial collections, to objecting to a debtor’s discharge in bankruptcy. We are different than a collection agency because we do not employ collectors to merely make phone calls. Instead, we know you have already tried everything you can to collect the debt. We take the matter to the next level by sending demand letters, filing liens and claims to secure the debt, and ultimately filing a lawsuit to obtain a judgment for you. We then can execute and collect on the judgment. We also handle “replevin actions” to assist in recovering secured property and assets.
Once we obtain a judgment we can:
- Garnish bank accounts, accounts receivable, or wages to collect your judgment.
- File judgment liens against real property owned by your debtor.
- Obtain an asset search including bringing the debtor into Court to answer questions about their assets.
If your debtor files bankruptcy, we continue to work to collect the debt by examining the bankruptcy to find ways to collect your debt:
- If you have mechanic lien rights, we can file your mechanic liens even after a bankruptcy filing and we can file a notice with the Court to preserve your lien rights if you have prepared and filed your own lien.
- We may file an objection to the discharge of your debt. This remedy is available when your customer has received trust funds on a construction project for your goods or services and has failed to pay you or if there is other fraud involved.
Below is a list of what you can do to help us collect your debt, and we can assist you in developing your agreements and guarantee to be effective documents for you:
- Obtain a signed credit agreement and personal guarantee containing interest, attorney fee and cost provisions before you provide goods and services.
- Include a venue provision in your agreements so that you choose a convenient location for any suit.
- Be able to provide us with construction project information and contracts.
- Obtain a joint check or payment arrangement for the project.
- Review your contracts before signing them.
