Law Offices of Kind & Dashoff, LLC

The Writ of Execution–A tool for Debt Collection

If you have taken someone to court and you won the case, you now have a judgment against an individual or a company.  You may think that you should begin to receive compensation for your losses.  If only life were that easy!! Successful judgement execution can be very difficult. The time that you can execute on the judgment varies by state.   For example, you cannot execute on a court ordered judgment in Maryland for 10 days.  This delay gives the debtor time to appeal the ruling.  After 10 days, you can proceed with execution on the judgement. Writ of Execution Assuming the debtor still refuses...
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4 Common Mistakes to Avoid When Extending Credit

Having trouble collecting your delinquent accounts receivables or loans? Regardless whether you are a company or an individual extending credit, what you need to do is have a process in place to carefully manage your credit. This article explains 4 common mistakes to avoid when extending credit. Avoiding these mistakes can help you avoid and/or collect bad debts. Mistake 1–Not Doing Research on Your Debtor before Extending Credit If you are extending credit to a business, see whether the business is legitimate. To operate a legitimate in Maryland or Washington, DC, business, licensing and registration are required. Both Maryland or Washington, DC  host websites where...
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How the FDCPA Impacts Creditors

Having trouble collecting your delinquent accounts receivables? If you are a company and you want to stay in business, one of the first things that you need to do is carefully manage your accounts receivables. Moreover, if you are having difficulty collecting a consumer debt against an individual, you must also understand how the FDCPA impacts creditors.  What is the FDCPA? The Fair Debt Collection Practices Act (FDCPA) is a law that sets forth guidelines for the collection of consumer debts by collection agencies and collection attorneys. Additionally, it was meant to stop harassment of debtors by debt collectors. The FDCPA does...
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Assessing Creditor Rights Under Chapter 7 Bankruptcy

Are you a creditor and you just found out that your debtor declared Chapter 7 bankruptcy?  You probably find it confusing and you are not sure what you need to do next.  We can help.  First, read my earlier article on bankruptcy. Then review this article on assessing creditor rights under Chapter 7 bankruptcy. Chapter 7 is the most common form of bankruptcy in the United States.  Quite simply, the purpose of a Chapter 7 bankruptcy is to have a trustee sell the assets of a debtor and pay creditors.  The trustee pays secured creditors first.   Immediately afterwards, the trustee pays unsecured creditors if...
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Tips About Jurisdiction and Venue for Creditors Filing Suit Against Debtors

Are you a creditor suing one of your debtors who isn’t paying their bills?  Your letters and phone calls have gone unanswered and your only option is to file suit.  But where should you begin? Where do you file the paperwork.   We have some tips about jurisdiction and venue for creditors filing suit against debtors. Jurisdiction Quite simply, jurisdiction gives a court the power to hear and decide a particular case. You should know that there are limits to the legal authority of each court to hear and decide cases. For most debtor/creditor cases, jurisdiction also relates to the amount of money...
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