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Friday, January 19, 2018

Legal Options

ACSI’s facilitated legal services are customized to meet each client’s needs and evolve to continuously integrate innovation, regulatory changes, and ongoing client goals.

ACSI has a dedicated Legal Department to facilitate the pursuit of litigation or liens/levies as a collection enforcement option. It is responsible for investigating assets, reviewing all relevant documentation, and determining the worthiness of pursuing legal enforcement; referring accounts to attorneys who are licensed to practice in the states in which consumers reside; managing the case work and status reporting of accounts assigned to our nationwide network of attorneys; and ensuring that payments received by attorneys are properly accounted for and remitted to ACSI’s clients. ACSI’s legal services include:

  • Asset Investigations - If consumers refuse to pay their outstanding debts and ACSI has identified assets such that the cost of recovery does not exceed the likely return, then ACSI’s Legal Department reviews those accounts prior to requesting approval from our clients to refer the accounts to our network of attorneys. Assets investigated include, but are not limited to, gainful employment, other sources of attachable income, bank accounts, money market accounts, vehicles, water craft, homes, additional properties such as rentals, etc. All identified potential assets are documented on ACSI’s collection system as part of the consumers’ account history detail.
  • Client Approvals and Court Filings - If consumers have sufficient assets against which litigation is worthwhile to pursue, then ACSI prepares and submits to clients our recommendations to litigate, along with all supporting documentation, to approve or reject. If clients approve ACSI’s recommendations to pursue legal enforcement to recover delinquent debts, then our Legal Department forwards those accounts and all corresponding documentation to the appropriate attorneys. ACSI monitors attorney activity on behalf of our clients, noting when attorneys send legal demand letters to consumers, prepare and file suit after the 30-day waiting period in which consumers have to respond to legal demand letters has expired, monitor the issuance of civil warrants by county clerks to a sheriff or process server to make sure consumers are served with the warrants before they expire, and attend court dates until a judgment is entered.
  • Bankruptcy Support Services - Our bankruptcy support services include monitoring all accounts for bankruptcy filings. We utilize advanced technical support to scrub our accounts for bankruptcy filings. Additionally, we are registered with all bankruptcy electronic filing systems in which our accounts may be located. Once we have learned of a bankruptcy being filed via any source, verbal or written, we verify the bankruptcy filing through the national bankruptcy electronic filing system (Public Access to Court Electronic Records). We file bankruptcy proofs of claim on behalf of many of our clients.
  • Additional Legal Support Services - We also scrub accounts for deceased consumers and bankruptcy filings. We file probate claims on behalf of many of our clients, as well. The Legal Department provides services on behalf of our Clients when accounts are determined to be lawsuit ready. We also monitor accounts for bankruptcy so that collection activity stops according to the automatic stay during the pending bankruptcy that is required by federal law. We resume collection activity following disposition of bankruptcy if appropriate.
  • Judgments - The judgment process differs based on state and municipal laws; therefore, it is crucial that attorneys are licensed within the court jurisdiction in which consumers reside and have the knowledge and experience to work those accounts within that specific judgment process. ACSI’s attorneys have these qualifications and works accounts through the legal process. Once judgments have been entered by the court, ACSI’s representative attorneys continue to work their cases until judgment has been enforced and all payments made.