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Preliminary Investigation
* Obtain all documentation from client concerning the account, including information about the debtor, invoices, contracts,
promissory notes, payments, and related correspondence.
* Investigate public records for information about debtor's financial status, including real estate records and prior
judgments.
* Draft demand letter to debtor.
Commencement of Formal Action
* Draft complaint and prepare exhibits in support of complaint.
* Monitor date for response to complaint and, if appropriate, draft motion for default judgment.
* Subject to local rules/authority, appear in court at hearing for initial claim for plaintiff.
* Subject to local rules/authority, prepare, file and serve documents for examination of debtor; appear in court and
conduct examination.
* Draft sworn denial if collection is sued on a sworn account.
* Draft journal entry, default or otherwise.
* Obtain certified copy of judgment transcript.
Post-Judgment Activities
* If necessary, arrange for transfer of judgment to all courts having jurisdiction over debtor.
* Obtain exemplified copy of foreign judgment.
* Prepare affidavit for transfer of foreign judgment.
* Draft wage and/or bank garnishment forms.
* Draft writ of execution.
* Abstract the judgment, obtain a writ of execution, and request that the sheriff attempt to collect what is owed
on the write of execution.
* Arrange for indemnity bond from sheriff.
* Draft notice of lien on real property.
* Prepare bid and attend sheriff's sale of real property.
* Track redemption period and, if appropriate, prepare documents to redeem real property.
* Arrange for posting or publication of notice of sale.
* Maintain communication with sheriff about levy on personal property.
* Negotiate payment arrangements for attorney/client approval.
* Draft promissory note reflecting payment arrangement.
* Correspond with client informing status of collection.
* Maintain judgment account worksheet to record payments, collection costs, and court costs.
* When debt is collected, draft satisfaction of judgment to release judgment.
* Draft release of judgment or release of lien.
* If or when appropriate, file request for dismissal form.
Note - Some of the information contained in the Litigation section of this publication also includes work performed in
the Collections specialty area.
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