After a judgment is obtained, how aggressive is HALPERN at collecting our money?

We start by instructing the District Court Administrator to issue an Order For Disclosure, requiring the debtor’s officer to fill out, sign, and send to us a Financial Disclosure Form, which often identifies accounts receivable and personal property that can be levied upon. We serve upon the debtor’s officer a Subpoena and a Notice of Taking Deposition to require the production of the debtor’s key financial, tax, and governance documents. We then direct garnishments and levies to be placed upon your debtor’s assets. If the debtor fails to cooperate with post-judgment discovery, we immediately proceed with Contempt of Court Motions, which put the debtor’s officer in jeopardy of fines and/or incarceration.

Are all of our communications with HALPERN confidential?

Yes. All client communications are protected by attorney-client privilege, which shields communications between our client and his or her HALPERN debt lawyer and prevents that attorney from being compelled to testify regarding those communications in court.

As a creditor, do I have to appear in court and provide testimony before I can be awarded a judgment?

No. More than 90 percent of the collection judgments obtained by HALPERN are entered without the need for testimony from creditors.

Do you make telephone calls and send letters to debtors before recommending litigation?

Yes, we make several efforts by mail and telephone to persuade debtors to pay or make payment commitments to HALPERN before the option of litigation is presented to you.

Have a question we didn’t answer here?

Call HALPERN at 612-404-1144, email us at mail@halpernlawfirm.com, or contact us online, and we would be happy to discuss your particular debt collection issue in more detail.

How aggressive is HALPERN in handling contested cases?

Because we are staffed by attorneys, we are able to utilize a variety of legal tools not available to traditional collections firms, including drafting and serving upon debtor’s legal counsel Interrogatories, Request for Production of Documents, and Request for Admissions. We schedule depositions by serving a Subpoena Notice of Taking Depositions, and a laundry list of documents for debtors witness to produce for examination. All of these efforts serve to narrow the issues in dispute, and bring about a faster resolution to your case.

How is HALPERN’s fee structured?

We have several affordable options depending on your specific circumstances. HALPERN handles debt recovery claims and litigation on either a contingency or an hourly fee basis, which we agree to prior to beginning work for you. Most of our clients prefer to retain us on a contingency basis, advancing an initial deposit toward litigation costs. On these contingent collection cases, we subtract our earned collection charge and issue a net check to you.

How much of the requested deposit toward costs can be included in the judgment amount?

Pursuant to Court Rules, most of the creditor’s deposit toward costs can be included in the money judgment we seek against the debtor.

If we end up going in a contested case, will I have to produce witnesses to obtain a judgment?

HALPERN has been successful in seeking Pre-Trial Summary Judgments in approximately half of our pending contested collection lawsuits, without the need for witnesses from creditors.

Is HALPERN able to pursue debtors anywhere in the state of Minnesota?

Yes. We collect money from and commence litigation against debtors in all of Minnesota’s 87 counties.

Is time a factor in collecting commercial accounts or consumer claims?

Yes, the sooner you contact us after the most recent unpaid invoice, the more likely HALPERN is to collect some or all of the balance owing.

The debt owed our business is relatively small. Will HALPERN still work with us?

Yes. We use best efforts to collect money for creditors, regardless of the dollar amount involved.

What does a collection attorney do?

A collection attorney does everything a bill collector does, but also has the legal training and authority to quickly initiate legal proceedings against your debtor. We have a whole host of legal tools at our disposal to attain a fast and just legal judgment for you.

What happens if the person or company that acknowledges owing us money fails to make the required payments after a judgment is obtained?

In legal terms, if a debtor fails to comply with a Payment Stipulation and Confession of Judgment, we apply on an ex parte basis for an immediate Court Order directing the District Court Administrator to enter a money judgment against the debtor, which becomes immediately enforceable.

What is the oldest debt that still can be subject to a collection lawsuit?

The Minnesota Statute of Limitations for commencing a lawsuit for most breach of contract debts is six years. If a debtor purchased “goods” as defined by the Uniform Commercial Code, litigation must be brought within four years.

Will I have to wait until the court enters a judgment before HALPERN can help me garnish my debtor’s bank accounts?

No. In Minnesota, commercial debtors’ deposits are vulnerable to a Pre-Judgment Garnishment Summons 40 days after Summons and Complaints are served, without responsive pleadings being forthcoming.

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