Recovering debt lawfully owed to you alone can be challenging, especially if you’re not well versed in the different methods used by debtors at avoiding payment. Undoubtedly, the best way to secure the money lawfully owed to you is with the help of a law firm or lawyer, the expertise and input they can offer is invaluable, getting the desired results with minimal hassle.
A critical factor in successfully collecting debt is an understanding of the different laws and procedures that enable you to collect against a debtors hidden assets, to succeed in this a lawyer with the right knowledge is vital. As an established law firm we have a long standing reputation of going to great lengths, chasing down debtors to the full extents of the law. There are firms out there who are only out to make a ‘quick buck’, often at your expense! We understand how important recovering your outstanding debt is and will do everything in our power to secure it.
As you may already be aware through experience, delay tactics are rife amongst debtors. Many shun their obligation to repay the debt and go down the route of hiding or transferring their assets to friends or family members. The creation of a ‘shell corporation’ is a prime example and often leads to legal complications when asked about the very assets they’re trying to hide.
It’s important to choose an attorney who has all the expertise and necessary skills to overcome these problems. The Law Office of G. Christopher Van Bever has all the credentials required to succeed in recovering your outstanding debt, with over twenty years of practice. Offering services to banks and businesses big and small, attorney Chris Van Bever has an outstanding personal record, securing millions in commercial debts throughout the Kentucky area.
The legal process of collecting commercial debt can be split up into two parts. The first is obtaining a lawsuit through the courts; this allows a judgement to be issued, permitting legal collection procedures to begin. The second part is of course the collection itself, under Kentucky law there are a number of ways in which this can be done, commonly used procedures are:
Lien and execution on real property
Its often the case that debtors will have many creditors, all looking to start legal proceedings, with that in mind once a judgment has been issued time is of the essence. Sometimes just the action of filing a lien against a debtors property is all it takes to receive full payment, however this is not always the case. If payment is not made then it falls to us to request a court order demanding that the land owned by the debtor is sold to repay creditors.
Garnishment of bank accounts, wages, salaries and accounts receivable
Garnishment is the highly effective process of recovering debt through a third party that’s in possession of any funds belonging to the debtor.
Attachment and execution
It’s possible to take legal action to sell a debtors personal property. This covers anything that can be considered of value, like automobiles or commercial equipment, even financial property like stocks.
Post-judgment examination under oath and other post-judgement discovery
As previously mentioned, one of the services offered by us, is the location of hidden assets; the post-judgement examination is just one way in which we can do this. Obligated by law and under oath, the debtor is requested to reveal the extents and value of all the relative assets. Following a successful post-judgment examination, steps can then be taken via some of the methods above to successfully recover your money.
Piercing the corporate veil
In some cases, it’s possible to look beyond the corporation at the individuals that are rightly responsible for repaying the debt owed to you. There are many different ways in which we can justifiably ‘pierce the corporate veil’, including underinvestment, corporate manipulation or if it was created for the sole purpose of protecting the debtors.
Pinpointing and setting aside fraudulent transfers and conveyances
Another way in which debtors avoids payments is by transferring funds elsewhere, the Fraudulent Transfer Act plays a major part in stopping this, turning over transfers to creditors. This includes transfers that have been made in an attempt to delay, defraud or hinder repayments, if any of the following points are true, a case can be made for collection:
- If the transfer was to an insider
- If the debtor retained the assets after the transfer
- If the transfer was hidden
- If the debtor was threatened with legal action before the transfer
- If the debtor transferred large proportions of their assets
- If the debtor became bankrupt following the transfer
- If the transfer happened in at a similar time as the debt occurred
If any of these instances have occurred, then it’s absolutely essential that your lawyer is involved to judge whether a fraudulent transfer has potentially been made. Even if a transfer has been made without the intention to delay, defraud or hinder, there are still ways and means of securing the transfer for the creditor. This can encompass a variety of scenarios, including knowingly transferring below value or incurring high levels of debt. We routinely check on any fraudulent transfers of assets, case by case, determining any unlawful transfers that have occurred and ultimately transferring it back to you in the form of a repayment.
For all your commercial collection needs in Lexington and all of Central Kentucky, make the smart choice and hire expert attorney Christopher Van Bever. For your preliminary consultation contact the Law Office of G. Christopher Van Bever and take the first step into reclaiming your money.