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	Collections & Creditors' Rights

Everyday in the business world, individuals and business entities enter agreements that require them to pay money at a later date. Promissory notes. Contracts for goods and services. Bank loans. Real estate purchase contracts. Sometimes, the party required to pay the money breaks his or its promise.

Some folks who owe money simply ignore the problem until some direct action is taken against them. Then they pay. Others hide or transfer assets to avoid their creditors. Some file bankruptcy.

At Huff, Poole & Mahoney, P.C. lawyers have years of experience in collecting money owed. There is an art to collecting money through the judicial system, and it requires speed, diligence, persistence, and knowledge. We know how to find debtors. We know how to obtain information - legally - on a debtor's assets. We know which collection remedies have the greatest likelihood for actually recovering cash and which ones are longshots. Most importantly, we advise our clients on the economic perspective of each collection and help the client decide whether continued pursuit is worth the risk.

Dave Zobel, a civil litigator with 24 years of experience, chairs our collections department. His published decisions provide a sampling of the issues we confront when seeking to recover monies due our clients:

Cass v. Lassiter, 2 Va. App. 273, 343 S.E.2d 470 (1986).
Former wife can recover from former husband amount of unpaid unitary support award, even though a 1975 North Carolina court ordered payment of only $150 per month when the 1974 Virginia divorce decree ordered payment of $400 per month, because the North Carolina court order was not a modification of the Virginia divorce decree.

Price v. Hawkins, 247 Va. 32, 439 S.E.2d 382 (1994).
Creditor can obtain an in personam judgment against recipients of fraudulent cash conveyances, where the recipients had knowledge of the purpose of the conveyance.

Ainslie v. Inman, 265 Va. 347, 577 S.E.2d 246 (2003).
Creditor of a partner in a two-man partnership, who obtained a charging order lien against the partner's interest in the partnership, takes priority over a prior-in-time secured creditor whose UCC financing statement against the partner's partnership interest had expired.

 Representative Collection Clients

• Collection Agent for the Commonwealth's Attorney for the cities of Chesapeake, Virginia Beach and Counties of Chesterfield and Essex
• Meeks Disposal Corporation
• Navy Federal Credit Union
• Stock Building Supply, Inc.

 Practicing Attorneys