Should A Jury Decide Your Debt Collection Litigation Case?

Watching many a courtroom drama may have lead you to believe a jury will hang your nonpaying customer out to dry. Is it really as portrayed in the movies? Is a jury right to decide your debt collection case?

The right to a jury trial.

All parties to litigation, including debt collection litigation, are entitled to a jury trial. That is, of course, unless your underlying agreement with your customer included a provision for both parties that waived their rights. Continue reading “Should A Jury Decide Your Debt Collection Litigation Case?”

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Can You Get Sanctions When There Are Bogus Defenses Used In A Debt Collection Litigation?


Sanctions on Bogus DefenseA debt collection litigation can spur bogus defenses from a debtor who is attempting to minimize or avoid their payment obligation. There may be cases where debtors have a legitimate reason for withholding payment. However, there are enough cases of bogus defenses that the courts have made accommodations to protect the creditor and penalize the debtor.

This could happen to you. It might be happening now. Sanctions in these cases are typically granted when a debtor uses bogus defenses in debt collection litigation. Continue reading “Can You Get Sanctions When There Are Bogus Defenses Used In A Debt Collection Litigation?”

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Do I take the customer’s call after referring the claim to a debt collection attorney?

IMG_00001353Your collection manager gave it their best shot — calls, letters, emails, faxes, an offer to go to debtor’s premises to pick up a check — before referring your non-paying customer out for collection. If the debtor doesn’t respond, or the responsive is not productive, your best option is to send the claim to a collection attorney.

A collection attorney’s job is to make that phone ring and bring the debtor to the table. There’s a good chance, after receiving calls and letters from an attorney, your once silent customer will reach out to you.

Then what? Do you call the customer back? Continue reading “Do I take the customer’s call after referring the claim to a debt collection attorney?”

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