Law Office of Ryan C. Young, PLLC
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By: Ryan C. Young, Fairfax, Virginia attorney assisting business owners in Northern Virginia
While collection agencies may be able to assist you once you have a judgment, they are typically larger, impersonal companies who you will not hear from on a regular basis. Often times, you are left to wonder whether they are aggressively pursuing your debtors in an attempt to recover. Also, debt collectors cannot bring a lawsuit on your behalf unless they are working in conjunction with an attorney.
As an attorney, my goal is to develop a lasting relationship with your business and ensure that you are able to collect the money you are owed and do not lose money in the future. Collection agencies are ill-equipped to review your current billing and business practices to ensure that you are protected to the fullest extent allowed by Virginia law.
First, determine whether it is worth your time/money to hire an attorney.
If you are a business owner, my office is able to give you a better rate if you have multiple debts which need to be collected. Often times, it is futile to continue to send invoices and past due notices to those who owe you money. Your time would be better spent hiring an attorney who can use all the proper legal avenues to ensure that you will see that money now or in the future. Unfortunately, once you have reached this particular stage with a customer, they are probably avoiding you.
Running a business is time-consuming and often business owners simply do not have the time to chase individual debtors. It is important to receive a judgment at the earliest available date because the judgment creditor is often awarded interest from the date of judgment. So, while you may not be able to collect right away, that judgment amount will continue to increase as long as the debt remains unpaid. My office is able to assist you by filing suit at the earliest date available and aggressively pursuing a judgment you can collect on in the future. If you have multiple customers who owe you money, these lawsuits may be filed on the same day to save you extra legal expense.
Bringing suit to collect a debt in the Commonwealth of Virginia.
In the majority of collection matters, the debtor must be sued in order for the collector to have any legal remedies. In Virginia, if the federal courts are not an option, the suit to collect may be brought in either the General District Court or the Circuit Court. If the debt is less than $25,000, the action should be brought in the General District Court.
We have a judgment, now what?
Once we have received a judgment against your non-paying customer, we can develop a cost-effective plan to help you collect on that debt. Just because you receive a judgment does not mean the money is turned over that day, often times it takes further legal action. Our office is able to research the history of the client/customer and determine whether it is currently worth your time to pursue further legal action. Remember, while the debtor may be insolvent now, their financial situation may be very different in the future.
Ensure that you have a better chance of reimbursement in the future.
Many times, the contracts or forms which a business uses are inadequate. For example, I can review your current agreements with clients/customers to determine whether they would pay your expenses if you ever had to collect on the debt. You will want an agreement that ensures that you are protected and that the non-paying customer must pay your legal expenses if you have to bring an action against them.
Tell me what is important to your business.
I would welcome the opportunity to speak with you further about your business and how I may be of assistance. As a small business owner myself, I understand the frustrations associated with trying to collect a debt from someone you have provided a service or product to. Give me a call and tell me what is most important to your business.
Ryan C. Young is a Fairfax, Virginia attorney who provides legal counsel to large and small business owners. Contact his office to schedule a consultation. He is available to serve the needs of clients throughout Northern Virginia. Contact him today at (703) 896-7667.
NOTICE: The above information is general in nature, and is offered to increase public knowledge and awareness. It is not designed to provide advice on specific case situations. Contact Ryan C. Young to explain your unique situation.