What to expect from Litigation in partnership with Brennan & Clark.
At Brennan & Clark, our goal is to only recommend legal action if we think it will pay dividends to our clients. No file is recommended for legal action if the corporation is defunct, or if we believe there are too many judgments against the debtor. We will not proceed with any suit without our client’s authorization. There is no obligation to sue if we are not successful with our non-judicial collection efforts.
What’s the process prior to Litigation?
Once our own avenues are exhausted, attempts to collect the balance are handled under First Placement and Attorney Services prior to entering the Litigation process. If the attorney is unsuccessful resolving the balance through non-legal channels, the account is reviewed by the attorney representing our client as well as by our legal liaison to provide a recommendation for suit.
What if we don’t recommend Litigation?
If we feel that it’s not in your best interest to pursue, we’ll inform you of our recommendation along with all supporting documentation. If you agree with our recommendation, the account will be closed. If you disagree with our recommendation, we’ll proceed with your request and follow the steps as above.
What if we recommend Litigation?
If you choose to accept our recommendation to pursue, we will forward the approval on to the attorney and obtain the affidavit and any supporting documentation necessary to have the claim filed. If you deny the recommendation to pursue the balance, Brennan & Clark will notify the attorney via e-mail to close your account.
The client approves Litigation. What happens next?
Documentation may need to be obtained to assist the attorney to collect the balance. All anticipated required documentation will be requested from our client prior to suit being filed. From then on, the attorney will keep Brennan & Clark updated as to the status of the Litigation case throughout the process so that we in turn can update our client. Each client will be assigned a Brennan & Clark Legal Liaison that will handle the oversight on all their legal files and be available to them for any questions they may have.
The goal of the attorney is to collect the entire balance owed in one lump sum. However, if the only option is to either establish a payment plan on the balance owed or negotiate a settlement all offers would require our client’s approval.
All attorney fee and court costs to be paid to the attorney are forwarded to our client for approval prior to agency authorizing or sending payment to attorney.
Once a Litigation case is closed, Brennan & Clark will review the attorney fees and court costs paid to attorney. Any unused attorney fees and courts costs paid to the attorney are to be returned to our client.
Have any questions about the Litigation process or interested to know how we might be able to help you avoid getting to that point? Get in touch with us.