Approach and Methodology
philosophy behind Bruck Law Offices is to utilize a comprehensive
in-house collection and legal staff to obtain swift recoupment of
monies owed. Bruck Law Offices will not differentiate between large and
small balance accounts. Understandably, given cost effective measures,
costs will not be expended in excess of potential account recovery.
What Our Collection Specialists Do
Manual Data Entry/EDI Transfer of new Accounts
If manual, data entry will completed within 24 hours of receipt of accounts.
Initial Written Communications
Upon entry of account information/EDI download, Collection Master will immediately generate:
30 day demand notice (Section V, Documentation/Page 24) to the debtor
as required by the Federal Fair Debt Collection Practices Act.
||A request to each employer of record for the debtor's current employment information (Section V, Documentation/Page 25).
petition (Section V, Documentation/Page 26) on all accounts, showing
the current address as a post office box, to the United States Post
Office requesting the correct residential information in accordance
with 39 CRF 265.6(d)(6); 39 CRF 265.6(d)(1) and (2) and corresponding
Administrative Support Manual 352.44a and b.
Note: This information may only be obtained by a law firm, not a collection agency.
Demographic/Asset Investigation and Skip Tracing (during 30 day FDCPA demand period)
||Asset Investigation - Collection Master will direct the collection paralegal to gather the following information via on-line sources:
| Social Security Number
Date of Birth
Frequency of Payroll
Amount of Net Payroll
Additional Places of Employment
|Life Insurance Policies:
Any Other Income
Does Anyone Owe the Debtor
Additional Responsible Parties:
All Above Information
||In-House Skip Tracing - Our staff employs the latest on-line and manual skip tracing technology to locate debtors through the following:
| City Assessor
City Computerized Ownership Records
Register of Deeds
Birth and Death Records
Civil Court Records
Criminal Court Records
Public Welfare Rolls
Sheriff/Police Department Records
Post Office Records
Department of Motor Vehicles Records
Credit Bureau Records
Former Places of Employment
Financial Institution Records
Other Creditor's Records
Realty Company Records
Circuit Court Access Program
Contact with Debtor (immediately following expiration of 30 day FDCPA period)
Collection Master will direct the collection paralegal to contact the debtor for the following purposes:
||To gather demographics, employment and financial information
obtain payment in full. Our collection staff is fully trained to elicit
available sources of payment and will suggest same to a debtor. For
example: credit card advances, second mortgage, home equity loan, cash
advance from employer, family member, friends, IRA advance, 401K
advances, insurance equity advance, etc.
obtain partial payment arrangements. Acceptable guidelines for the
repayment of balances due are payment in full or a minimum of 20% of
combined net household income (the amount which could be obtained
through an earnings Garnishment), provided the account will be paid in
full within client specified time periods. If arrangements are made for
specified amounts within a specified time period, and these
arrangements are broken, Collection Master will alert the collection
paralegal that arrangements have been broken, the grace period has
expired and litigation should be initiated.
Frequency of Future Activity
If no arrangements are obtained and litigation is not an available
option, further recoupment efforts, at a maximum of 30 day intervals,
will be performed if the following factors are present:
||The debtor cannot be located
||Debtor has no employment or employment is unknown
||Debtor is employed but may be exempt from garnishment
||Balance too small to litigate
What Our Legal Specialists Do
Initiation of Litigation
Once all demographic, employment and financial information is obtained
and the defendant refuses to pay the balance due in full, or fails to
make satisfactory arrangements, or breaks the arrangement, a Summons
and Complaint will be filed with the court within two weeks of one of
the above-referenced events.
Service of Process
Defendant will be notified of legal action via service of Summons and
Complaint by an independent process server or through legal publication
if personal service cannot be obtained.
Initial Return Date
On the return date, judgment will be entered for the principal amount
and interest, as well as all costs and disbursements of the action on
all default and undisputed cases. Post-judgment interest will be
assessed at 12% per annum as allowed by Wisconsin State Statute.
In the event that a defendant appears and disputes the matter, the
court will hold a pretrial conference. If any issues remain unresolved,
following the conference, the case will be set for a hearing at which
time a witness and documentation will be necessary.
Motion for Summary Judgment
Bruck Law Offices will seek judgment through a Motion for Summary
Judgment on a disputed case if the facts of the case support such a
motion, thereby alleviating the necessity of a witness appearing at a
Upon entry of judgment if the defendant refuses to pay the balance due
and if cost effective, an earnings garnishment, non-earnings
garnishment or bank garnishment action will be commenced within seven
days of entry of judgment. A debtor (defendant) has the right to
dispute an Earnings Garnishment by filing a written Answer with his/her
employer. Our office will file an Objection to all Answers in response
to Earnings Garnishments if warranted, and appear at a hearing to
determine the exempt or nonexempt status of the defendant's earnings.
It will not be necessary for a witness to appear at said hearing. If
defendant is found to be exempt from garnishment, arrangements will be
negotiated before a court commissioner.
In the unlikely event that a place of employment or bank account is
unknown, in a small claim action under $5,000, a court ordered
Financial Disclosure of Assets will be served on the defendant. This
order must be completed and returned within fifteen (15) days.
Docketing of Judgment
Docketing is required on large claim actions over $5,000.00. We will
docket on a small claim action if defendant owns real property that may
For a large claim action over $5,000, where no asset information is
available, a Notice of Supplemental Hearing to Appear before a Court
Commissioner will be served on the defendant. The above procedure will
reveal attachable assets, as well as his/her place of employment.
Petition for Hearing on Contempt
If the defendant fails to respond to the Financial Disclosure or appear
at the Supplemental Hearing, a Petition for Hearing on Contempt will be
served. If the defendant appears at the hearing, either a satisfactory
repayment plan will be set or a garnishment will be issued.
In the event the defendant is a business or owns a business, we may
proceed to attach business assets via Receivership. An order will be
obtained from the Circuit Court allowing the County Sheriff to seize
the defendant's assets and immediately turn them over to Bruck Law
Offices, S.C. In the event that the corporation is in the process of
Dissolution, we will promptly fill the requisite Notice of Claim to
attach any liquidated corporate assets available.
The firm may proceed with an execution against property belonging to an
individual or business, allowing the County Sheriff to auction off said
Satisfaction of Judgment
Bruck Law Offices, S.C., will execute a Satisfaction of Judgment for
all paid in full or settled in full accounts within thirty days of the
balance paid in full.