Pursuing Litigation When Necessary
When all attempts to collect without going to court have been exhausted, the attorneys at Kottemann Law Firm, LLC, plan for litigation.
Open accounts can only remain open in Louisiana up to three years past the last action, whether that action is the date of service or payment. If your debt is nearing three years after the date of the last action, it is important to file in court before you lose the ability to recover your debt. Filing protects your rights as a creditor by giving you 10 years to secure the debt.
The process of filing a collection lawsuit can vary among parishes and the types of debt. For most suits, the process is as follows:
- A final attempt letter is sent, giving the debtor 7-10 days to resolve the debt.
- Once this time has expired, a lawsuit is filed.
- Up to 30 days are provided to determine service (i.e., for the sheriff to serve the debtor/defendant).
- Once service is made, the defendant has 10 to 15 days to respond to the suit.
- If there is no response, the suit usually proceeds to a default judgement.
- Within another 30 days, we may proceed to enforce the judgment.
A judgment can have many serious consequences for a debtor, such as an inability to sell or buy property and vulnerability to wage garnishment, evictions and other forms of enforcement.
Sometimes, simply filing a debt collection lawsuit is enough. The advance court costs average between $300 and $500, depending on the parish, but many creditors find that debtors call as soon as the lawsuit is served and pay right away.
If you are having difficulty with bad debt recovery and other methods of collection have not worked, contact our collections attorneys at 504-302-8940 or 800-519-0874 for a free consultation at our Kenner office. You can also reach us online.
We will answer your questions about the Louisiana debt collection court process and help you determine if it’s right for you.