Our Process
for Debt Collections in Sarasota, Florida
DETAILED PROCESS
We strive at Hodges, Avrutis & Foeller to make the placement process as smooth and efficient as possible.
We perform an initial conflict and compliance check when our firm receives a claim, then the claim data is loaded, and all documents are pictured. For those customers who regularly place accounts with our firm, we also accept claims electronically. The claim is scrubbed for basic data and integrity points once loaded, then the process of collection begins. Demand letters and possibly phone calls are initiated as well as a public information review to determine whether the claim appears to be collectible. If so, we will update you with our recommendations on the claim information. We will then initiate the lawsuit if you decide to proceed 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 a cordial settlement. During the lawsuit, we will often use mediation as a means of resolving any disputes, but also as an effective tool for negotiating an attractive settlement. If we simply cannot resolve the matter, we will try a Summary Disposition, or we will conduct a trial if necessary. If we are successful in obtaining judgment in favor of our clients, we then proceed with efforts to levy assets, make deposits, or possibly initiate a wage or bank garnishment in order to obtain our client’s recovery.
01
Submitting Your Claim
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Image your documents to file.
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Enter your data & open file
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Email The Client
02
Claim Loaded Onto Our System
Review your file data for completeness including :
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Statute of limitations
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Military Status
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Balance is supported by documents
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Request clarification on any issues, if needed
03
Contact the Debtors
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Send demand letter to all liable parties
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Attempt phone contact when needed
04
Suit Recommendation
05
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 :
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Advise you of the disputes and develop a plan forward
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Initiate discovery to properly establish the facts of the case
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Prepare any necessary affidavits or other Motions needed to keep the matter progressing
Suit Default
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If a defendant 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.
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Mediation is also an effective pre-trial strategy to gain insight into what evidence and argument the debtors may bring forth at trial.
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Frequently, our mediations do result in a successful resolution to the case.
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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
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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.
06
Post Judgement
Our efforts to collect the debt subsequent to entry of the Judgment may include:
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Bank or wage garnishments
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Deposition in Aid of Execution
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Levy on personal assets
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Negotiation of structured payment plans