Nathan D. Wirtschafter
Nathan D. Wirtschafter - Making Your Case in California

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Simple Suggestions to Collect a Debt

Generally speaking, if the debtor is not responding to attorney letters, the client, not the lawyer, should send out a short demand email or letter letting the debtor know that the client has retained legal counsel, counsel has reviewed the situation and counsel is ready to file a lawsuit.  The letter should be reviewed by the attorney before it is sent. 

Alternatively, if the client is more comfortable on the phone, a telephone call to the debtor will also work.  Debtors need to see that the creditor is determined. 

The creditor should set a deadline—without reference to a particular date—such as, "If I don't hear from you shortly," or, "If I don't hear from you in the next week." 

Also generally speaking, if the debtor is solvent and does not favorably respond to this last attempt, the creditor should file a lawsuit.  For limited jurisdiction claims (under $25,000), using the judicial council breach of contract simple complaint form is often most efficient. 

To speak with a knowledgeable attorney who can provide a free consultation about collecting debts call (818) 660-2518 or Contact Us and a lawyer will respond to you promptly.