Mr. Johnson offers complete services to the creditors from demand to final collection. Mr. Johnson will make demand, file suit, pursue appropriate post-judgment collections (to include, but not limited to, garnishment, hearings in aid of execution, writ of attachment).
Collection cases are generally handled on a contingent fee basis. Court Costs and Service Fees are required to be advanced.
Representative clients include lending institutions, automobile dealers and their financing entities, insurance agencies, collection agencies and their respective clients, pay day loan entities, and numerous other businesses who extend credit to others.
The process of collection begins by discussing with the client the circumstances surrounding the debt. Sometimes the circumstances are unusual, or the client can anticipate some "defenses" that will be employed by the debtor/defendant. These factors may affect how we approach a collection matter and should be fully disclosed by a client before we begin collecting the money owed them. The process then includes:
Demand Letter: A demand letter is sent to the person that owes the money. I understand that you have already written numerous letters, issued numerous Invoices, made numerous phone calls; however, a Demand Letter from me is generally required under the Fair Debt Collections Practices Act, and if not, it is Notice to the debtor that non-payment of the debt has moved to the next level. Receipt of a Demand Letter from an Attorney simply carries more weight than repeated requests for payment from the Creditor. The Debtor generally understands that commencement of litigation is eminent. Many Debtors will then attempt to resolve the matter once they understand that an attorney has been retained to collect the debt.
Commencement of Suit. The commencement of suit by filing a Petition occurs approximately 30 to 40 days after the Demand Letter has been sent. Most suits are filed under Chapter 61 of the Kansas Statutes Annotated. The Debtor/Defendant must either file an Answer or make a personal appearance. The failure of the Debtor/Defendant to either Answer or Appear will result in Judgment being rendered against the Debtor/Defendant for the amount prayed for in the Petition. Under certain circumstances, a portion of the attorney fees can be recovered.
Discovery and Requests for Admissions. If the Defendant does appear, but does not present a legal defense, discovery can be had and requests for admissions can be sent to the Debtor/Defendant. If they are not answered, then the request for admissions are considered to have been admitted. These admissions generally form the basis for a Motion for Judgment or a Motion for Summary Judgment.
Motion for Summary Judgment. This Motion will usually rely on an Affidavit from the client that the account is due and the circumstances surround the account. The Debtor/Defendant will be required to respond to the Motion with the Debtor’s own Affidavit and legal theories as to why the account is not due and owing. If the Defendant can demonstrate that there are genuine issue of material fact, then the Motion for Summary Judgment will not be granted, and the matter will be resolved by a Trial.
Trial. If a Trial is necessary, then it will require the testimony of an individual from the Creditor’s personnel. Documents will have to be provided as Exhibits. Generally, collections Trials are of short duration, but the factual and legal issues need to be identified and addressed. Trial are generally Bench Trials - tried before a Judge and not a Jury.
Judgment Granted - How do we collect. Once the Judgment has been obtained, efforts will be made to collect the Judgment. This includes, if appropriate, Wage Garnishment, Non-Wage Garnishments, bringing the Debtor in for a Debtor’s exam or formally known as a Hearing in Aid of Execution, Attachment and Execution on the Debtor’s non-exempt property, placement of a Judgment Lien on real estate owned, and other remedies provided by Kansas law.
Contact us for an evaluation and complete analysis of your debt collection issues. We represent collection agencies / debt collectors, financial institutions, automobile dealerships, medical service providers, and companies seeking repayment of overdue loans and accounts. We serve clients state wide concerning debt collection with primary service in the Wichita, Kansas area.
We know that nobody is going to be happy about giving back your money, or paying what they owe you. We know it takes lawyers, who are knowledgeable to get you what is legally yours in the first place. Tired of chasing your debtors? Call us today! If you would like to speak to Mr. Johnson regarding your specific circumstances, please contact Mr. Johnson as set forth below:
Fred A. Johnson
Johnson Law, P.A. 359 South Hydraulic
Wichita, Kansas 67211
Phone: (316) 263-5661
Fax: (316) 263-2714
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Fred A. Johnson has been practicing law since 1975 with over forty years of experience. The firm is a small, casual, and personable law firm. We are accessible to our clients, and our clients receive a personal approach to the attorney-client relationship instead of being referred to an unknown attorney or paralegal, as may occur in many large firms.
Fred A. Johnson with the firm of Johnson Law, P.A. manages every aspect of the collections process from initial debt validation to final conclusion of the Judgment. Mr. Johnson handles collections of debt on behalf of creditors, banks, collection agencies, and others. With over forty years of experience, Mr. Johnson can handle any type or size of debt collection. Mr. Johnson has experience collecting debt from vendors, businesses, and individuals-consumers. This would include failure to pay promissory notes, failure to pay on open accounts, collection of insufficient fund checks, repossessions, failure to pay for medical services rendered and numerous other services rendered but not paid, recording a foreign Judgment in the State of Kansas, recording restitution Judgment/Orders, Landlord - Tenant matters, divorce collections, foreclosure of personal property security interests, and many other collection related procedures.
Johnson Law, P.A.