We Can Help Businesses Collect Unpaid Debt
Houston Harbaugh’s Creditor’s Rights and Collections practice helps businesses to not only collect past due payments through various legal remedies, but to also reduce collection risk by recommending preventative measures that may mitigate a company’s exposure to uncollectible debt.
We have considerable experience in working with architects and engineers, general contractors, subcontractors, and design professionals using construction industry-specific tools such as mechanics’ liens and the Contractor/Subcontractor Payment Act. Our experience also includes working with creditors in the manufacturing, distribution, retail, and service industries.
Our approach to collecting commercial debt involves an in-depth assessment of the creditor’s situation. We evaluate the debtor’s background – do they have good credit, have they ever filed for bankruptcy, have they been delinquent in the past – and then propose strategies to collect the debt. These strategies could involve a demand letter, negotiation of a re-payment plan, or the immediate commencement of a lawsuit in state or federal court. We have also worked to resolve these matters through arbitration and mediation.
If the matter has been decided in court and a judgment has been entered, we then assist clients in collecting the judgment which may involve executing on bank accounts, executing on accounts receivable, and levying and selling personal property.
We also represent creditors in bankruptcy courts across the country, and regularly represent companies in adversary actions including preference claims, turnover claims, and fraudulent transfer claims. We will file proof of claims as well as take any other available action to preserve the claim.
A significant part of our Creditors’ Rights Practice involves helping our clients minimize the amount of past due payments and uncollectible debt, and thereby minimizing the need for litigation. We do this by reviewing contracts, invoices, and other documents to ensure they are protecting your interests and contain proper language that can be leveraged in a collections situation.