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Maier & Associates opens new claims upon receipt of same. The claim is loaded into our integrated legal collection program and our first demand letter to the debtor and acknowledgement to the client are sent. An asset search will be conducted, along with an investigation as to the debtor’s tax records, real estate ownership, motor vehicles, etc. Calling and verifying information is our first priority, prior to any court action. All efforts pertaining to letters to the debtor, telephone calls and asset searches are performed. Within thirty days, two additional demand letters are sent tot the debtor. All skip tracing procedures, if necessary, are completed as well. If contact is made with the debtor, we will discuss a repayment plan prior to legal action. If the debt cannot be resolved amicably, court action will be taken. If the debt is disputed, Maier & Associates will alert the client and discuss same prior to proceeding with legal action. Maier & Associates will encourage debtors to enter into a repayment plan whenever the debtor cannot pay the balance in full. In many cases, we require automatic deductions using our check by phone service and we also accept Visa and MasterCard. Should the debtor fail to pay as agreed, collectors will call and mail reminder letters. Should those attempts fail to keep the debtor paying, we will proceed with the next appropriate legal action.
Unless settlement parameters are previously agreed to by the client, Maier & Associates will review with the client the settlement proposed by the debtor. A counter-proposal may be offered should the client not accept the settlement. Once we have spoken to the client and agreed on a settlement amount, we will notify the debtor of the settlement immediately and prompt payment for the balance in full. Maier & Associates performs all skip tracing services for any and all accounts when applicable, including the credit reports, Worldwide Information, Accurint, post office inquiries, motor vehicle searches, employment searches, etc. Once our review of the claim is concluded all attempts to collect the debt without legal action have been completed, an attorney will determine if a small claims or civil suit is appropriate. Maier & Associates will prepare and file a civil action within seven days of the client’s authorization to proceed with suit. We will either request costs for the suit, or if agreed to between the client and Maier & Associates, we will advance costs for same. Maier & Associates directs all summonses and pleadings to the local deputy sheriff or constable immediately after receiving a receipt from the Court for service upon the debtor. If the debtor answers the Complaint as filed, a paralegal will file the appropriate motion with the Court, i.e., Motion for Summary Judgment, Motion for Judgment on the Pleadings, etc., to proceed to judgment. Pre and Post-Judgment Attachments During the filing of litigation, we will seek to attach any assets if located and whenever possible. In an effort to secure the outstanding balance, Maier & Associates specializes in attaching assets such as real estate, motor vehicles, and the debtor’s wages at his/her place of business. If the debtor does not file an Answer to our Complaint within 21 days, in most cases, Maier & Associates will file a Request for Default Judgment and continue until an execution is received from the Court. Disputed Matters and Counterclaims All filings of Counterclaims will be provided to the creditor upon receipt, including all pertinent documentation. Maier & Associates will then answer the Counterclaim on behalf of the client within the time permitted by the Massachusetts Rule of Civil Procedure. We will proceed to discovery, i.e., interrogatories, requests for production of documents and requests for admissions, etc. We will continually attempt to resolve all disputes amicably prior to proceeding on the judgment. As soon as any bankruptcy petition is received, we will verify same through the use of PACER. Once confirmed, we will forward this information to the client. We will be forced to cease all further legal action. If the creditor wishes, Maier & Associates will file a Proof of Claim and attend the First Meeting of Creditors. |
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