Procedure

It is important to know that Maier & Associates is concerned and aware of our goals, performance and professionalism for all of our Massachusetts clients.  To better serve our clients and creditors, please review the following information for a detailed explanation to the listed services and procedures below:

  1. Opening of New Claims
  2. Debtor Contact
  3. Payment Plans
  4. Settlements
  5. Skip Tracing
  6. Filing Suit
  7. Process Servers
  8. After Suit is Filed
  9. Disputed Matters and Counterclaims
  10. Pre and Post-Judgment Attachments of Assets
  11. Bankruptcy

 

Opening of New Claims

Maier & Associates opens new claims upon receipt of same.  The claim is loaded into our integrated legal collection system and an initial 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 public tax records, real estate ownership, motor vehicles, etc.

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Debtor Contact

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.  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 providing we have our client’s authorization to proceed with suit.  If the debt is disputed, Maier & Associates will alert the client and discuss same prior to proceeding with legal action.

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Payment Plans

Maier & Associates will encourage debtors to enter into a repayment plan whenever the debtor cannot pay the balance in full.  In many cases, this will result in automatic deductions using our check-by-phone service.  We also have the ability to accept online payments, and 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 review legal options and remedies, and either proceed or make recommendations accordingly.

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Settlements

Unless settlement parameters are previously agreed to by the client, Maier & Associates will review all proposed settlement offers with the client.  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.

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Skip Tracing

Maier & Associates performs all skip tracing services for any and all accounts when applicable through various “locate tools,” including credit bureaus, Worldwide Information, Accurint, post office inquiries, motor vehicle searches, employment searches, etc.

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Filing Suit

Once our review of the claim is concluded and 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.

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Process Servers

Maier & Associates directs all summonses and pleadings to the local deputy sheriff or constable immediately after receiving a docket (case) number from the Court for service upon the defendant(s)/debtor(s).

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After Suit is Filed

After the summons and complaint are served on the defendant(s) they have 21 days to answer (respond) to the complaint.  If no responsive pleading is filed Maier & Associates will request a default and default judgment.  If the defendant files an answer we shall determine the merits of same and proceed accordingly.  They simply involve a motion for summary judgment, or it may necessitate instituting discovery procedures, i.e. interrogatories, requests for production of documents, requests for admissions, etc. in order to ready the case for trial.  The client will be kept advised at all stages of litigation.

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Disputed Matters and Counterclaims

Should the defendant file a counterclaim(s), a copy of same will be provided to the client immediately and we will confer with the client regarding the merits of any counterclaim(s).  Maier & Associates will then answer any counterclaims filed in a timely manner in order to protect our client’s rights. We will conduct discovery, i.e., interrogatories, requests for production of documents and requests for admissions, etc. If deposition(s) prove necessary the cost and expense of same will be reviewed with the client.

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Pre and Post-Judgment Attachments of Assets

Once suit as filed, we may seek to attach any assets to the extent the law allows in an effort to secure the outstanding balance and the judgment we anticipate recovering.  Once a judgment has been recovered, we may seek to have a deputy sheriff levy on real and/or personal property of the judgment debtor as permitted by law in order to secure and hopefully satisfy the judgment.

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Bankruptcy

Should we receive a bankruptcy notice regarding a debtor, we will review the bankruptcy petition via PACER (federal online case tracking system).  Should we find there are no assets from which creditors might receive any payment our file will be closed and our client notified of same.   Should there be assets and the possibility of a dividend for creditors we will file a proof of claim on our client’s behalf in order to protect their interest.  Once confirmed, we will forward this information to the client.   Once a bankruptcy is filed in most cases we are stayed from proceeding any further pending the administration of the bankruptcy estate.

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