Collections: Collection Accounts - What We Can Do For You

     We can assist you by handling all seriously delinquent accounts from start to finish - no other collection alternative that you have can do this.

     I also want to thank all of you who are clients. You helped make this year our most successful ever. I look forward to an ever better 2020.

     For those of you who are not yet clients, please know that I am always ready and willing to meet with you. At Lafayette, Ayers & Whitlock, PLC, we have a diverse general practice of law. We focus on Creditor’s Rights. We are unique amongst Creditor’s Rights law firms as we represent you in all areas: collections, bankruptcy, foreclosure and real estate.

     In collection matters, we can assist you by handling all seriously delinquent accounts from start to finish - no other collection alternative that you have can do this.

     If you hire an additional staff employee, you are paying salary and benefits for collections. This amount is non-recoverable from your debtors, even though they caused the expenditure. Further, since the employee is not an attorney, they cannot try contested cases, or file Motions for Judgment in Circuit Court, or conduct debtor's interrogatories (without interrogatories many collection cases will sit inactive).

     If you employ a collection agency, you may incur a flat fee cost for accounts. This cost is not recoverable under Virginia law, despite the fact that your loan documents say that the debtor will pay all costs of collection. In addition to these nonrecoverable costs, you will also have percentage costs that you cannot recover. A collection agency is frequently your worst option because they can do less for you than you can do for yourself. In reviewing the Collection Alternatives Comparison Charts, you will see that if a debtor does not respond to the collection agency's letters, the agency is sunk. The agency cannot file any court papers on your behalf, and they cannot perform any judgment executions. In the end, all a collection agency does is provide a threatening third party voice.

COLLECTION ALTERNATIVES COMPARISON CHARTS

Chart One:  Action

ACTION	COLLECTION AGENCY	ADDITIONAL EMPLOYEE	LAW, PLC
Make Demand	Yes	Yes	Yes
Collect Payments	Yes	Yes	Yes
Take Judgment	No	Yes	Yes
Try Contested Cases	No	No	Yes
File Garnishment	No	Yes	Yes
Levy	No	Yes	Yes
Summons to Answer Interrogatories	No	No	Yes

Chart Two:  Costs

ACTION	COLLECTION AGENCY	ADDITIONAL EMPLOYEE	LAFAYETTE, AYERS & WHITLOCK, PLC
Costs	Unrecoverable fee paid to agency, if they collect, and non-assessable to the debtor	All collection costs are out of your pocket and non-assessable to the debtor	1/3rd fee of all amounts collected- 25% recoverable from debtor upon court judgment unless your loan documents say 1/3rd - you only pay fees on what we collect

     In a future blog, we will address how we handle your accounts from beginning to end.

Foreclosure: Substitute Trustees

     Question: What happens if the trustee under your deed of trust is either unavailable, or, is no longer the person you desire to serve as trustee? Answer: You can appoint a substitute trustee. Under Virginia Code Section 55-59(9), the noteholder, or, the holders of greater than fifty percent of the monetary obligation secured by the deed of trust, have the right and the power to appoint a substitute trustee or trustees for any reason, regardless of whether such right is expressly granted in the deed of trust. The timing of your action is important. The trustee must be empowered before taking action – this occurs when the instrument of appointment has been executed. You do not have to wait for recording. However, as Virginia Code Section 55-59(9) states that the appointment of a substitute trustee shall be recorded before, or at the time of, the recording of the deed conveying the property (such as after a foreclosure).

     Question: Can a lender appoint their counsel as trustee? Answer: Yes. Virginia Code Section 26-58 holds that a trustee is not disqualified merely because he is a stockholder, member, employee, officer or director or counsel to the lender.