OUR PROCESS

At Hodges, Avrutis & Foeller, we strive to make the placement process as smooth and efficient as possible. Upon submitting a claim to our Firm, we run an initial conflict and compliance check then the claim data is loaded and all documents are imaged. We also accept claims electronically for those clients that regularly place accounts with our Firm. Once loaded, the claim is scrubbed for basic data and integrity points, then the collection process begins. Demand letters and possibly phone calls are initiated as well as a review of public information to determine if the claim appears to be collectible. If so, we update you of the claim information with our suit recommendations. If you decide to proceed, we will then initiate the law suit and push the matter forward as quickly as possible. While pushing the matter forward, we are also trying to establish lines of communication with the debtor in hopes of reaching an amicable settlement. We frequently will employ mediations during the law suit as a means to ferret out any disputes, but also as an effective tool used to negotiate an attractive settlement. If we simply are not able to resolve the matter, we will attempt a Summary Disposition or, if necessary, we will conduct a trial. Assuming we are successful in obtaining Judgment in favor of our clients, we then proceed with efforts to levy on assets, conduct depositions, or possible initiating a wage or bank garnishment inorder to obtain a recovery for our client.

YOUR CLAIM

Claim Loaded onto Our System

Review File Data

Review your file data for completeness including:

  • Statute of limitations
  • Balance is supported by documents
  • Military status
  • Request clarification on any issues, if needed

Contact the Debtors

– Send demand letter to all liable parties

– Attempt phone contact when needed

Suit Recommendation

The Team Member assigned to your account will review all information in the file and may initiate other research to learn as much as possible about the Debtors.  We utilize a variety of public and subscriber based data sources to provide you with our best, most accurate, recommendation and opinion on your claim.  We strive to have this information communicated to you shortly after the 30 day response period runs on the initial demand letter  and provide you with a recommended course of action based upon the balance, geographical location, complexity of case, and/or disputes from the consumer.

 

Filing Suit

If filing a law suit is the chosen course of action, we will draft and file your lawsuit, issue the summons for all defendants, and supervise the service of process to insure proper service is effectuated.  All law suits and the litigation process are supervised by our Attorneys.

Litigation

If a defendant disputes the obligation we will:

  • Advise you of the disputes and develop a plan forward
  • Initiate discovery to properly establish the facts of the case
  • Prepare any necessary affidavits or other Motions needed to keep the matter progressing

Suit Default

If a defendants fails to respond to the lawsuit once properly served, we will draft and file request for Default and Default Final Judgment

Mediation

We are always open to mediation, whether formal or informal, as a means to establish direct, productive communication toward resolution.

  • Mediation is also an effective pre-trial strategy to gain insight into what evidence and argument the debtors may bring forth at trial.
  • Frequently, our mediations do result in a successful resolution to the case
  • Lump sum payments, any manner of variable payment plans, and the addition of collateral are frequent mechanisms we utilize to help craft a resolution.

Seek Judgement

We will strive to conclude the matter without the necessity of a trial.  Typically we will submit a Motion for Summary Judgment and argue the case before the court.  Otherwise, we would seek a non-jury trial and be prepared to present witnesses and other evidence needed to obtain the judgment or settlement.

Post Judgment

Our efforts to collect the debt subsequent to entry of the Judgment may include:

  • Bank or wage garnishments
  • Levy on personal assets
  • Deposition in Aid of Execution
  • Negotiation of structured payment plans