Collections Practices Group
KSC provides a full range of legal services for creditors of all sizes and shapes in Kentucky and Tennessee. We adopt an aggressive approach geared toward collecting the debt in the first sixty (60) days when possible. Our services include collections programs, recovery services, commercial collections, construction collections, foreclosures, commissioned collections, fee based collections, legal collections programs, credit card collections, assisting creditors to preserve their rights when a debtor files for bankruptcy protection, judgment recovery, collections of judgments from sister states pursuant to comity or under the Uniform Judgment Act by domestication, bad debts, bad check recovery and aged accounts recovery.
KSC’s attorneys are well versed in representing both individuals and corporations in collecting debts which fall under the Fair Debt Collections Practices Act (“FDCPA”). The FDCPA has a far reaching breadth which covers personal, family, and household debts, including money owed on personal credit card accounts, auto loans, a medical bills, and mortgages. We also practice routinely in areas of the Fair Credit Reporting Act, the Fair Credit Billing Act, the Service Members Civil Relief Act of 2003, the Federal Call Recording Law, Truth in Lending and the Home Owners Equity Protection Act (“HOEPA”).
We also handle commercial collection matters which may require mechanic’s or materialmen’s liens. With a full service title staff, we are often able to prepare notices of non-payment and/or liens the very same date that an account is placed for collection. With creditor’s lien rights being limited to short periods, such as thirty (30) days from the date of ‘last work’ in certain situations, creditors often have little or no time to waste.
After securing a judgment on behalf of a client, we routinely use wage garnishment, executions, judgment liens and other discovery means to secure payment for our clients.
KSC also handles specialized collections on behalf of healthcare organizations and related businesses who are required to secure the confidentiality of patient information. This all-important obligation is very challenging given the new privacy and security standards by the U.S. Department of Health and Human Services, as part of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). We understand and comply with these HIPAA standards, but also believe that privacy does not bar recovery.
Utilizing the latest technology, we tailor our debt collection programs to our individual clients. As a routine part of our collections practice, we use location and skip tracing, we provide monthly status reports, we provide account management services and provide reports on accounts that are closed (bankruptcies and deaths). We believe we are changing the way that law firms handle collections. We also seek to customize our programs for each of our clients in ways that will dramatically increase the monies recovered from past due accounts, as well as decrease the amount of time accounts are outstanding.
The firm also engages in extensive civil litigation for creditors in all courts in the Commonwealth of Kentucky and the State of Tennessee. We have extensive trial experience in handling creditors’ rights cases. Our firm maintains a large number of bankruptcy, foreclosure and collection cases. A list of representative clients is available upon request.