Consumer Debt Collection
"THE BEST DEFENSE IS AN AGGRESSIVE OFFENSE."
D. Baker Law Group, P.C. has mastered the art of consumer debt collection. As a result of the stringent requirements imposed by the federal Fair Debt Collection Practices Act (the "FDCPA"), interacting with consumer debtors is riddled with traps for the unwary. Violations of the FDCPA, coupled with various state laws and regulations enacted specifically to protect the consumer debtor, can jeopardize the collectability of the underlying debt; in certain instances, it can even lead to the creditor having to pay damages to the debtor. For these reasons, it is critically important to partner with a law firm specializing in this area of the law. D. Baker Law Group, P.C. is the ideal choice for those creditors who are looking for a powerhouse law firm with a wealth of experience prosecuting claims against consumer debtors. The Firm carefully navigates the pitfalls of consumer protection laws while simultaneously maintaining an aggressive plan of attack designed to defeat debtor resistance and optimize creditor recovery.
In the world of consumer debt collection, obtaining a judgment is often just the tip of the iceberg, particularly with respect to defaulted loans and credit agreements. In fact, a mere judgment in the hands of an inexperienced consumer debt collection attorney is practically useless. The principal reason is that by the time a lawsuit rolls around, a debtor's credit generally is already decimated. If the filing of a lawsuit does not get a debtor's immediate attention, chances are that the debtor will be indifferent as to whether a judgment is entered against him or her. Something more, and often much more, is required to force the debtor to pay. This is where a highly-skilled consumer debt collection attorney who is able to actively engage the debtor in the post-judgment collection process can make a world of difference. At D. Baker Law Group, P.C., David M. Baker, Esq. is just that attorney. With a reputation for toughness and tenacity well-known throughout the legal and business community, Attorney Baker will take on the consumer debtor and get the job done, plain and simple.
Simple stated, what distinguishes D. Baker Law Group, P.C. from the pack is that our firm combines knowledge and experience with dogged determination and talent. We strictly adhere to the philosophy that consumer debtors should be held accountable at all times. In situations where a debtor ignores a lawsuit outright or proves untrustworthy in honoring negotiated payment agreements, the Firm will take decisive action. Indeed, we will not hesitate to seize an uncooperative debtor's non-exempt assets. In cases where seizing assets is unavailable or inadvisable, we will pursue other aggressive post-judgment remedies. One of the most effective post-judgment remedies employed by the Firm is attaching a debtor's wages. This remedy is available under both Massachusetts and Rhode Island law and works remarkably well when proceeding against a debtor who is a W-2 employee. Once a debtor's wages are attached, the employer is legally obligated to deduct a certain percentage of the employee's wages each pay period and remit that amount to the Firm. In cases where the debtor is self-employed, Attorney Baker has the ability to bring that debtor before a judge to have a court-ordered payment set. Prior to doing so, however, a subpoena will be served for the debtor's financial records. Experience has shown that the vast majority debtors are loathe to produce such records. Indeed, the mere act of serving a well-drafted subpoena can sometimes persuade a previously disinterested or difficult debtor to pay. For those debtors who willfully thwart a court-ordered payment, the Firm will file a Complaint for Contempt. Most debtors don't realize or even believe that they can actually be sentenced to jail if found in contempt, but they can. In appropriate circumstances, Attorney Baker will not shy away from asking a judge to incarcerate a debtor in order to compel compliance with the court order.
At the end of the day, consumer debt collection is not for the faint of heart nor the inexperienced. D. Baker Law Group, P.C. is well-equipped to take on the challenge and produce results for the client.