Subcontractors, materialmen, engineers, laborers and creditors who are affected by the Vandervert Construction Receivership are all in danger of major losses and possible bankruptcy. A receivership is similar to a bankruptcy, except it is in state court. A court appointed receiver has been placed in charge of paying those who are owed money. Debts can be paid only by order of the Court and sub-contractor lien rights are preserved. The Receiver will operate and/or liquidate the business to try to pay some percentage of each creditors’ claims.
If you are a creditor, subcontractor, materialman, employee or professional owed money by Vandervert Construction you should act now and call an attorney to preserve your claims and lien rights.
Action should be taken now to:
1. Preserve and foreclose your lien rights in the Vandervert Construction receivership.
2. File your secured or unsecured claim in the Vandervert Construction receivership or subsequent bankruptcy.
3. If you have been greatly affected by the Vandervert Construction receivership, you may need to protect your own business from your subcontractors and creditors through reorganization, non-bankruptcy work out or possibly your own business bankruptcy. Laywers with experience in these activities can help you.
5. Educate yourself by getting competent legal advice regarding your rights as a creditor in a receivership or corporate bankruptcy.
Attorneys experienced in bankruptcy, secured and unsecured claims and contractor lien law are better suited to represent your interests in these matters than attorneys in general civil practice. Steven Schneider, Attorney at Law, P.S. has been practicing in this area for twenty-five years at all state and federal court levels.
If you and your business are affected by Vandervert Construction’s unfortunate situation, you need to contact a lawyer who is experienced in contractor lien law, filing for creditor claims and bankruptcy. Filing your claim as soon as possible will help you to be proactive throughout this process. www.StevenSchneiderLaw.com
Spokane Debtors and Cach, LLC
(Cach, LLC and other Spokane Junk Debt Collectors are serving Spokane debtors with unfiled lawsuits, many of which cannot be collected in court unless you ignore the lawsuit.)
In the past two months Cach, LLC has filed a total of 22 collection lawsuits in Spokane County Superior Court. That is just the tip of the iceberg. As you will learn below, Junk Debt Collectors make their money on unfiled lawsuits.
Spokane Junk Debt Collectors
Cach, LLC is one of many Junk Debt Collectors that take assignments of debt in bulk paying pennies on the dollar for the chance of collecting less than the full amount of the debt. There are hundreds of lawsuits filed in Spokane County alone that are the work of Junk Debt Collectors.
How Junk Debt Collectors Work
Typically, Junk Debt Collectors will serve the Summons and Complaint but not file the paperwork in court. This saves them the $240.00 filing fee and attorney time, so you can see that their profit margin is low to begin with. Junk debts are likely to be handled by law firms outside of Spokane County, and often in other states. Again, you can see that this factor means they are highly motivated to settle without actually going to court. Many junk debts also lack sufficient documentation or are beyond the statute of limitations. This means that although the debts could not be collected in court, the collectors are counting on you voluntarily paying to get them off your back. If you make even one payment on an uncollectible debt, the statute of limitations starts running all over again from the date of that payment.
Ignoring The Summons and Complaint
If you ignore the Summons and Complaint, then the collector will obtain a judgment against you by default. That judgment will be in the full amount of the original debt; jackpot for the collector! All of a sudden you have an enforceable judgment against you that is good for at least 10 years of garnishments and property seizures. Your negotiating leverage has disappeared.
What You Should Do You Are Served
If you are served with a collection Summons and Complaint, filed or unfiled, call an attorney who can efficiently deal with the problem. Don’t wait, in as little as twenty days you could be a judgment debtor. Steven Schneider, Attorney at Law, P.S.
A couple of years ago in the midst of the “Great Recession” we started to hear complaints about “Junk Debt Collectors.” Because of the failure of financial institutions such as Countrywide and others, many past due debts, even home loans, were not the subject of collection efforts for years.
The collection value of such old debt is minimal and some has even gone past the statute of limitations, 6 years on a written account contract in Washington.
A number of things will tip you off that the contacts you are receiving are from Junk Debt Collector:
- The debt is more than 5 years old.
- The attorney is not located in Spokane, but Portland, Seattle, Denver or elsewhere.
- Midland Funding, Portfolio Recovery Associates and LVNV are very active junk debt collectors in this area and nationally.
- Early efforts are made to compromise the claim for a smaller amount.
Volume Discount Collectors
Keep in mind these are volume discount collectors. They did not pay face value for the assigned debts, bought in bulk for cents on the dollar, and any recovery is a win for them. They may not be able to prove the original debt because of lack of documentation and may be unable to collect in court because of the statute of limitations. It is also a violation of the Fair Debt Collection Practices Act to try to collect such an unenforceable debt. Collectors risk punitive fines and attorney fee awards for such violations.
Forcing the Cessation of Junk Debt Collection
We examine each case for these legal issues before approaching with settlement offers. We have successfully forced cessation of collection efforts in some cases, and deep discounts in others. An attorney can evaluate your individual case efficiently if you are the target of a Junk Debt Collector and determine the best way to protect your rights and assets.