Whether you are a startup or an established company with hundreds of outstanding accounts receivable, the collection of AR and other unpaid debts is a major factor in the success of your business. Failure to collect on accounts can leave you scrambling to meet your own financial obligations, including payroll, taxes, and other employee expenses. With a struggling economy, demand letters and other tactics employed by commercial collection agencies are becoming less and less effective. More aggressive measure by collection agencies are limited by the Fair Debt Collection Practices Act (which law firms are not subject to) and the North Carolina Collection Agency Act. In reality, the most effective tool used by collection agencies is the threat of litigation and many debtors will wait until a lawsuit is initiated before even responding.
Fortunately, many commercial collections can be done efficiently using civil litigation. The Raleigh debt collection attorneys of Maginnis Howard can assist you through that process. Our creditor lawyers regularly appear in Wake County District and Superior Courts and are able to handle collections in the surrounding counties as well.
The debt collection process for consumer debts in North Carolina is relatively uncomplicated. Litigation is initiated by filing a Complaint and Summons in District or Superior Court. The consumer is then served with a copy of each and, if he or she fails to file a response within thirty (30) days, the creditor may apply for entry of default and default judgment. Afterwards, the debtor will have the opportunity to claim certain property as exempt from seizure. The sheriff may then be utilized to seize other remaining assets to satisfy the amount of the judgment. In many cases, the debtor will simply agree to a settlement that allows you to recover some, if not all, of the outstanding debt.
Of course, not all collections involve straight-forward consumer debts. Many situations are more complicated and involve possible defenses and counterclaims. Because Maginnis Law is not just another volume collections practice, and we have an active complex litigation practice, we have the experience and skill necessary to guide you through such litigation. We regularly represent general contractors, subcontractors, architects, and others involved in the construction industry when there are questions regarding not only payment of amounts owed but the quality and timeliness of the work provided. Aside from construction, defenses and counterclaims also arise frequently in any service industry.
Whether you have a straight-forward consumer debt to collect or a more complicated dispute such as in construction, the attorneys of Maginnis Law can help. We are able to represent companies in any number of industries, such as insurance, banks, staffing agencies, finance companies, credit unions, and mortgage companies. We offer free consultations to all creditors looking for representation. Our firm is also able to operate under a number of billing arrangements, including hourly, flat rate, and contingency. We can also use a mix of any of these arrangements if that better fits your business’s needs.
Maginnis Law regularly represents creditors in and around the Triangle Area, including Raleigh, Cary, Durham, Chapel Hill, Morrisville, Apex, Wake Forest, Sanford, and Fayetteville. If you need assistance collecting on an unpaid accounts receivable or even a single account, contact a Raleigh commercial creditor attorney at Maginnis Howard at (919) 526-0450. You can also submit a request through our contact page.
