| 1. |
When should I try self help? |
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ANSWER: It is the opinion of this firm that self help should always be attempted. The degree of time and effort to be expended in such self help is to dependent upon the time available to the business entity and the type of debt involved. The bottom line ends up being that you have made an effort to collect the debt and it is obvious they are not going to pay unless prodded to do so.
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| 2. |
What documents are required? |
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ANSWER: You must furnish all supporting documents for each claim so that the dollar amount can be authenticated and appropriate investigation can be done prior to the filing of suit if appropriate.
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| 3. |
If I have made all reasonable effort to collect the debt and they still will not pay, what is my course of action?
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ANSWER: It is at this point that this firm can be of greatest service to your company.
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| 4. |
Why an attorney rather than a collection agent? |
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ANSWER: If the account is going to get paid absent a lawsuit you probably do not need either an attorney or collection agency if, however, it is still or it is going to ultimately take filing of suit or if you do not wish to spend time with an agency before you or they ultimately turn it over to an attorney, why not give your efforts the ultimate "teeth they need" from the beginning.
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| 5. |
How can I be sure that collection agency mentality and tactics will not be tied to my firm’s name? |
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ANSWER: By hiring an attorney instead of a collection agency, the power to collect the debt arises out of the law not out of threats and intimidation tactics sometimes used by collection agencies.
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| 6. |
What will happen with a file turned over to James M. Bright and Associates? |
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ANSWER: The steps normally employed are as follows:
1. Review the file to verify the amount of the debt and the basis for the debt.
2. Ascertain which Court has jurisdiction in this particular matter.
3. Send a firm but courteous letter demanding payment by a date certain.
4. If demand is not met, file suit in the Court whose jurisdiction is appropriate.
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| 7. |
How soon should collection efforts be made? |
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ANSWER: The sooner efforts began, the greater the chances of total recovery. |
| 8. |
Can you recover cost of collection? |
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ANSWER: Yes in part and no in part. If the proper steps have been taken by your attorney before suit is filed, the Court can be petitioned for attorney’s fees. Although these fees are typically awarded they may not reflect the actual number of dollars expended. It should further be noted that this is a benefit of going through an attorney which you would not enjoy going through a collection agency. |
| 9. |
Is interest recoverable? |
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ANSWER: In Texas if properly plead, prejudgment interest is available at a statutory rate from the date of breach until the date of judgment. The judgment should also include post-judgment interest from the date of judgment until the date actually paid. |
| 10. |
Are my records confidential? |
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ANSWER: Yes, unlike non-attorney collection agencies, attorneys are bound to confidentiality and the client is protected by the attorney-client privilege.
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| 11. |
What do your services cost? |
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ANSWER: The method of charging for collection services very dramatically with the individual client and cause of action, however, a look at the fee section of this website should answer most of your questions. |
| 12. |
Do all lawsuits result in a trial? |
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ANSWER: No, as a matter of fact, most lawsuits settle during the discovery stage of the proceedings and many others settle when it becomes obvious that trial is imminent.
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