Carrie M. Wilcox offers an array of professional debt collection services to retail and commercial creditors, including:
• Pre-litigation dispute resolution, negotiation and collection of early ~ charge-off status claims
• Client driven customer service or aggressive outsource solutions
• Creditor litigation, pre and post-judgment remedies
• Skip tracing and asset searches
• Foreclosures and real estate services
• Bilingual (Spanish) debt collectors, paralegals and legal assistants
• Bankruptcy representation of creditors
• Foreign judgment domestication & collection
• Non-judicial work-outs, renegotiation, restructuring
• Promissory note enforcement
• Secured collateral recovery
• Business formation
• State and federal court representation
• Flat, contingency, hourly, and blended fee schedules
• Customized, affordable and tone appropriate flat fee collection letters
PRE-LITIGATION DEBT RECOVERY
Early operating cycle through post charge-off debt recovery support and collection of retail and commercial claims. We offer competitive fee structures and client driven outsource solutions.
DEBT COLLECTION IN MEXICO
Statutes of Limitation
Pagaré (Mexican Promissory Note): Domestic Mexican transaction is 3 years from maturity date. There are limited exceptions.
Retail within Mexico from date of last payment: 1 year
Commercial within Mexico from date of last payment: 10 years
Retail and commercial, international or cross-border transactions from date of last payment: 4 years
Fraud involving credit or purchase of goods: If perpetrated within Mexico, 1 year from the time the victim becomes aware of the fraudulent act, or admission by the perpetrator; 2 years if fraud involves an international or cross-border transaction.
• 6 months from date of rejection by the debtor’s bank (drawee) if the debtor (drawer) is located in Mexico and the debtor’s bank (drawee) is located out of the country. Check must be presented to the debtor’s (drawer) bank (drawee) within 3 months (stale date).
• 1 month if both drawer and payee are located in Mexico but in different cities.
• 15 days if drawer and payee are located in Mexico and in the same city.
COLLECTION ATTORNEY NEWTWORK
A national and Mexican collection attorney network is crucial because of the distinct statutory, rules, regulations, local practices, and political realities inherent throughout the United States and Mexico. Our collection network of professional collection attorneys delivers economies of scale and allows creditors to focus on their core specialty while we manage and deliver affordable, efficient and effective results.
Filing a claim in court is not always necessary, as many times simply having an assertive law firm on your side can encourage the debtor to come to the table and make payment arrangements. The debtor has several reasons to avoid court, including avoiding paying both his and, potentially, the creditor's attorney's fees and court costs. A certain class of debtor simply waits until a creditor files suit and demonstrates that he/she is willing to aggressively enforce his/her rights; then, the debtor pays. In the event a debtor refuses to negotiate a current debt, you need a debt collector that can identify real and personal assets, aggressively litigate your claim to judgment, and successfully recover the judgment by effecting post-judgment collection procedures.
Provisional remedies are options that a creditor can use prior to a final court determination to protect its interests pending final judgment. Provisional remedies might include liens, temporary restraining orders, preliminary injunctions and the like.
Our attorneys are experienced in enforcing judgments, including the use of garnishments, liens, debtor exams and asset location. Litigators by trade, aggressive enforcement is simply the way we do business. We'll also let you know if we think that a cost/benefit analysis shows that a debt is not worth pursuing.
When a debtor improperly includes a debt in a bankruptcy filing, we can help by objecting to a discharge of the debt, requesting that the automatic stay be lifted in certain cases and working to prevent the abuse that sometimes occurs when debtors use the bankruptcy process to avoid paying legitimate debts.
Various lien types are used to protect creditor interests and to help guarantee payment. Effective use of liens not only provides a long term solution in many cases but encourages debtors to settle in order to have liens removed.
FOREIGN JUDGMENT DOMESTICATION
Our increasingly mobile society means that more than ever before, creditors must chase debtors around the nation. Under various laws passed to deal with this situation, including the Uniform Enforcement of Foreign Judgments Act, we can domesticate your judgment from another state in Arizona and enforce it. Pursuant to international treaty, we can also enforce judgments from other countries in many situations.
SKIP TRACING AND ASSET SEARCHES
The firm employs internet based technology to locate retail consumers, businesses, principals, and assets.
Many of our existing clients are business entities that we help our clients form - LLC's, partnerships, corporations. We enjoy helping people choose an appropriate business form and then actually forming the business. Please let us help you take your existing business or new idea to the next level.