Frequently Asked Questions
What does a Debt Collection Attorney do?
A debt collection attorney does everything a bill collector does, but also has the legal training and authority to quickly initiate legal proceedings against your debtor. We have a whole host of legal tools at our disposal to attain a fast and just legal judgment for you.
As a creditor, do I have to appear in court and provide testimony before I can be awarded a judgment?
No. More than 90 percent of the collection judgments obtained by Halpern Cottrell Green PA lawyers are entered without the need for testimony from creditors.
Are we able to pursue debtors anywhere in the state of Minnesota?
Yes. We collect money from and commence litigation against debtors in all of Minnesota’s 87 counties.
The debt owed our business is relatively small. Will Halpern Cottrell Green PA still work with us?
Yes. We use best efforts to collect money for creditors, regardless of the dollar amount involved.
Do you make phone calls and send letters to debtors before recommending litigation?
Yes, we make several efforts by mail and telephone to persuade debtors to pay or make payment commitments to HALPERN COTTELL GREEN before the option of litigation is presented to you
Is time a factor in collecting commercial accounts or consumer claims?
Yes, the sooner you contact us after the most recent unpaid invoice, the more likely we are able to collect some or all of the balance owed.
What is the oldest debt that still can be subject to a collection lawsuit?
The Minnesota Statute of Limitations for commencing a lawsuit for most breach of contract debts is six years. If a debtor purchased “goods” as defined by the Uniform Commercial Code, litigation must be brought within four years.
What happens if the person or company acknowledges owing us money fails to make their required payments after a judgment is obtained?
In legal terms, if a debtor fails to comply with a Payment Stipulation and Confession of Judgment, we apply on an ex parte basis for an immediate Court Order directing the District Court Administrator to enter a money judgment against the debtor, which becomes immediately enforceable.
How much of the requested deposit toward costs can be included in the judgment amount?
Pursuant to Court Rules, most of the creditor’s deposit toward costs can be included in the money judgment we seek against the debtor.