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Law Offices of Barry Sooalo ------------------------- Attorney at Law

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Paralegal Duties for Individual Practiced Areas
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Collections

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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Providing legal services in civil and criminal matters in Honolulu and throughout the Pacific.