Creditor Rights
Asset & Debt Recovery
Smith Gardner Slusky Law is a creditor-focused law firm that represents local, regional and national clients. Whether it is bankruptcy, a commercial loan workout, contract disputes, or consumer collections, Smith Gardner has a long history of providing excellent service and quality results. We understand your concerns and challenges as a creditor: you don’t want to wait any longer than you have to in getting a debtor to cooperate and pay its obligations. We provide outstanding services in the following areas of creditor work:
- commercial lending;
- bankruptcy representation;
- consumer debt;
- construction liens;
- commercial real estate;
- foreclosures;
- secured transactions;
- contract performance disputes;
- work-out agreements
Pre-Litigation Services: When a debtor defaults, there is an immediate need for action. With today’s economy, any delay in collection only complicates the process. When you bring a file to our office, you can rest assured that you will receive our prompt attention and a plan for collection. Depending on the circumstances, we may recommend any of the following pre-litigation services:
- evaluation of debtor and debtor assets;
- document evaluation;
- frank assessment of collectability of debt;
- initial contact with debtor
Litigation Services: While we seek to resolve matters without litigation, at some point, litigation is the only action that will draw the debtor’s attention. Indeed, litigation immediately raises the ante and causes the debtor to take notice. If the filing of the lawsuit does not raise any response, we will immediately file for default judgment. If the debtor does answer, we move aggressively with discovery to place the case in a position where we can prevail on summary judgment or get the case tried. With regard to litigation services, we will provide the following:
- timely filing of a complaint;
- prompt service of summons and complaint;
- calendared dates for follow up and next filing;
- prompt filing of motions for default judgment;
- prompt discovery;
- judgments as quick as possible
Post Judgment Activity: As is often said within the legal profession, “it’s easier to get a judgment than it is to collect.” We clearly understand this principle, and we can promise our clients that we will not simply obtain a judgment and set the file aside. On the contrary, we will aggressively pursue all means to collect the money that is owed on the judgment. We will garnish accounts, seize assets, conduct debtor’s exams, obtain judgment liens against real estate and garnish wages. The debtor can rest assured that we will not be idly standing by while they hide from the judgment.
We have an outstanding history of collecting money when no one thought it would be possible. We will hunt for assets and accounts and ensure that your judgment is actively worked. Unlike other collection attorneys who get your judgment and provide token collection services, we aggressively collect money, and we have the numbers to prove what we have been able to do for our clients.
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