Bruck Law Offices

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 Why A Collection Law Firm?    Transforming Assets into Paid Collections    Approach and Methodology 

Approach and Methodology

The 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:

  • A 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).
  • A 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
   Phone Number(s)
   Employment Information
   Frequency of Payroll
   Amount of Net Payroll
   IRA/401K
   Retirement Benefits
   Additional Places of Employment
   Home Ownership:
      Duplex/Apartment/Single Family
Life Insurance Policies:
   Carrier/Type/Equity
Government Assistance:
   Type/Amount/When Received
Any Other Income
Personal Assets:
   Car/Boat/Jewelry/etc.
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
   Tax Rolls
   Sheriff/Police Department Records
   Post Office Records
   Department of Motor Vehicles Records
   Phone Records
   City Directories
LexisNexis® Accurint
Bressers Online
Credit Bureau Records
Former Places of Employment
Financial Institution Records
Other Creditor's Records
Realty Company Records
Landlord Records
Bankruptcy Records
Relatives
Neighbors
Friends
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
  • To 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.
  • To 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.

Disputed Matters
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 hearing.

Garnishments
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.

Financial Disclosure
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 be attached.

Supplemental Hearing
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.

Receivership/Dissolution
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.

Execution
The firm may proceed with an execution against property belonging to an individual or business, allowing the County Sheriff to auction off said property.

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.



Site Redesigned As Needed     414-223-3335     Last Updated December, 2010
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