Using Prevail for Collections
If a creditor has exhausted all attempts to collect on a debt, they may hire a Collections attorney to assist. The attorney may be hired by the original creditor, or in some cases, may be retained by a company who purchased the debt from the original creditor. A Collections attorney first determines that a valid debt exists, and that the alleged debtor is truly the responsible party.
After the attorney validates the debt, he or she typically attempts to make contact with the debtor via telephone, mail, or e-mail to try to settle the debt out of court. If these negotiations fail, the attorney may file a lawsuit, usually in small claims court, asking for damages, as well as court and attorney fees. If the case cannot be settled privately or in a pre-trial conference with a judge, then the case may proceed to trial, where evidence is presented and witnesses may testify, as with any typical trial.
The Evidence and History tabs are of particular use in a Collections case, since documentation of attempted contact (phone calls, attached e-mails, attached letters) and documentation are vital to proving the debt, and showing that all reasonable collection attempts have been exhausted before proceeding to a lawsuit.
Custom fields included in the Collections law type:
- Description of Debt
- Goods/Services in Controversy
- Judgment Date
- Foreign Judgment
- Date of Original Judgment
- Date of Local Enrollment
- Amount Owed