What To Expect From A Debt Collection Lawyer

by | Mar 2, 2015 | Law Services

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A debt collection lawyer in Henderson, NV is a legal professional that primarily focuses his or her practice on assisting others to collect their debts. There are a number of laws and regional regulations that apply to anyone involved in debt collection and of course the lawyer must abide by them. The primary advantage to turning to a debt collection lawyer rather than a traditional debt collection agency is that in the event it becomes necessary to sue the debtor, the lawyer is intimate with all the circumstances and actions taken to date.

In many cases the first step in collecting an overdue debt is either the company’s internal debt collection department or use a collection agency. If the efforts of these two fail then the account is usually turned over to a debt collection lawyer. The lawyer is often hired directly by the company owed the debt but can also be hired by a debt aggregator, a company that has purchased the debt at a substantial discount from the original creditor. Regardless of whom the client is; the lawyer must determine that a debt is owed and that the person named on the loan documents is indeed responsible for it.

Once the debt collection lawyer in Henderson, NV is sure of who actually is responsible for the debt the first phase is to contact the debtor. The lawyer can use the mail, e-mail or phone; once he or she introduces themselves the situation is discussed and the lawyer suggests a way it can be resolved after which negotiations take place to settle the debt. This is the preferred way but it often does not go to plan.

The debtor will in many cases refuse to respond to any communication and shows no willingness to settle. If this is the case the lawyer will prepare the necessary documents and file a lawsuit. At the same time the lawyer files a petition seeking damages, attorney’s fees and court fees. At this stage the lawyer will normally leave the door open for settlement.

In most cases the facts of the suit are not in question; it is very easy for the debt collection lawyer in Henderson, NV to show beyond any doubt that the debtor is indeed responsible for the debt. If the judge in small-claims court is unable to develop an agreeable settlement then the case will be litigated just like any other legal case with the debt collection lawyer presenting his evidence, allowing the debtor to rebut the evidence and eventually abiding by the decision made by the judge.

If you are owed a debt and the debtor fails to pay or refuses to pay you may have to hire a debt collection lawyer in Henderson, NV to collect on your behalf. You are invited to discuss the details with the lawyers – Hayes & Welsh. They help collect debt owed to banks, private lenders, small-business owners and landlords throughout Nevada