| If pre-suit
demands are inconclusive, we litigate until collection efforts are
exhausted. We proceed on the basis that the best results are
achieved by communicating in a frank and courteous manner under the
pressure of time deadlines to achieve resolution. Given the
efficiencies resulting from our proprietary case management systems
and economies of scale, we rarely hesitate to commence litigation if
a "deadline" payment date has expired.
A. Pre Suit Demands & Litigation Preparation
Pre-suit demand preference packages typically include:
-
A letter that explains (i) the basis for the avoidance claim in layman's
terms, including the statutory or Plan-based obligation of the Plaintiff
to recover avoidance claims and the date on which we will file a complaint
if they do not settle the matter; (ii) how we determined the avoidance liability,
along with supporting schedules, lastly (iii) how to resolve the matter or
furnish documentation if the recipient contends they have additional defenses
to all or part of the avoidance claim.
-
A draft complaint that names the transfer recipient and the amount of the
gross transfer claim.
-
An offer and acceptance form
Pre-suit demand account receivable packages typically include:
-
A letter that explains the nature of the debt including copies of the documents
upon which the debt is based.
-
A draft complaint customized to the local jurisdiction where a suit would
be filed if the claim is not timely resolved.
-
To avoid delays in filing suit after the "deadline" period has passed, we
verify legal entity status and the registered agent for service of process
during the pre-suit collection cycle.
B. Litigation
In preference and other avoidance cases, we serve the summons
and complaint with:
-
A cover letter referencing our prior demand and the "deadline" date contained
therein (thus making good on our promise to timely litigate if the mater
was not consensually resolved).
-
Requests for Admission; Interrogatories and Requests for Production of Documents
(with a conditional response date set to the later of the initial meet
and confer or the initial status conference hearing date).
-
A Notice Re: Certain Local Rules
of the presiding Bankruptcy Court
-
Initial Disclosures of witnesses and location of records
In account receivable cases, we serve the summons and complaint
with:
-
A cover letter referencing our prior demand and the "deadline" date contained
therein (thus making good on our promise to timely litigate if the
matter was not consensually resolved).
-
Notices required by Local Rules
-
If an answer is filed, it is our custom to serve Requests for Admission;
Interrogatories and Requests for Production of Documents within 5 business
days of service upon us of the answer.
We move quickly to push litigation to settlement or trial. One of our early
goals is to convince defendant and opposing counsel that our claim is well
founded under statutory and case law, and that litigation is a costly
alternative. We guide our conduct so that opposing parties realize that we
are courteous but aggressive, knowledgeable, and efficient.
A·S·K maintains a vast library of memoranda, summary judgment motions,
and briefs that cover virtually every issue that arise in avoidance litigation
and commercial collections.
C. Obtaining Enforcement Of Judgments
-
We domesticate federal and state judgments in the jurisdiction where the
defendant resides or is known to have assets.
-
Judgments are promptly enforced by levies against identified bank accounts
and garnishment of other assets.
|
