Pennsylvania Lawyer Knowledgeable in All Aspects of Collections Law
Colmar attorney helps enforce creditors’ rights
As a creditor, you have the legal right to collect on your debts provided you don’t go astray of the numerous debtor protections codified in federal and state statutes. At the Law Office of David Kennedy Bifulco, P.C. in Colmar, I can help you enforce your remedies to collect past due amounts of loan payments, credit charges, rent and other obligations. I represent banks, accountants, corporations, real estate agencies, consulting firms, financing companies and other businesses and financial institutions throughout the Philadelphia area. I am well-versed in all aspects of Pennsylvania and federal law concerning debt collection and will put my experience to use in your behalf.
Innovative lawyer counsels creditors on debt enforcement and settlement
I assist businesses and individuals with debt collections, initially through analysis and settlement negotiation. I review your existing contracts to identify problems that may impede your right to collect. Next, I analyze your financial data to determine the exact amount that you are owed. Part of my review is to ensure your debts are within Pennsylvania’s statute of limitations, which is usually four years for debts based on written contracts. I issue demand letters notifying debtors of your intent to pursue legal action if the debts are not repaid promptly. Then, I try to negotiate favorable terms on your behalf, which may include discounting the debt for a lump-sum payment or structure a repayment plan.
Pursuing all debt collection methods allowed by law
If other methods fall short, I can sue to collect the unpaid debt and enter a judgment in your behalf. Next, I can guide you through legal remedies to enforce the judgment, which may include:
- Wage attachments — I can secure a court writ authorizing you to direct a sheriff to seize a portion of the debtor’s wages. Federal law allows a judgment creditor to take up to 25 percent of the debtor’s net earnings or the amount by which the debtor’s net earnings exceed 30 times the federal minimum wage, whichever is less.
- Property liens — In Pennsylvania, entering a judgment automatically creates a lien on the real property the debtor owns in the county where the judgment was obtained. I can use the lien to force a sale of the property, out of which the debt may be at least partially satisfied.
- Property levies — I can obtain a writ of execution from the court that instructs the sheriff to levy on the debtor’s personal property for sale at public auction and to apply the proceeds to the debt owed. The debtor’s bank accounts may also be attached.
- Assignment orders — I can also seek an order that allows you to go after a debtor’s intangible property, such as an annuity policy, an anticipated tax refund or the loan value of life insurance.
At all stages in the collections process, I will walk you through your legal options and discuss the advantages and drawbacks of each, applying my ample experience in the field. I will also make sure your collection efforts do not run afoul of Pennsylvania or federal law, such as the Fair Debt Collection Practices Act.
Get the legal assistance you need to collect unpaid debt in Pennsylvania
At the Law Office of David Kennedy Bifulco, P.C., I will discuss your debt collection options at a confidential consultation at my Colmar office. Call 610-676-0650 or contact me online to schedule an appointment.