Creditors' Rights
We regularly assist clients with collection issues, including banks, lenders, landlords, contractors, product vendors, and individuals. Our lawyers have considerable experience in this area of the law. Our services include negotiation, litigation, liens, bond claims, foreclosures, asset investigation, post-judgment collection activities, bankruptcy representation, and work outs.
We also defend financial institutions, debt collectors, and other clients against individual claims and class actions involving federal and state regulatory laws, such as the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, and in preference actions and other adversary proceedings in bankruptcy courts.
Representative Engagements:
- Sometimes, collecting money owed to a client can be as simple as writing a letter demanding payment. In a recent example of this, one of our clients received payment in full just four days after we sent a demand letter.
- Other times, however, collection efforts can be much more difficult. Another recent representation involved a client that was having trouble getting paid for its substantial role in the construction of a natural gas pipeline through Tennessee, North Carolina, and several counties in Southwest Virginia. Our attorneys pursued parallel courses of action, suing the utility company in federal court while simultaneously preparing and filing over 200 mechanic’s liens in three counties against utility easements. Ultimately, the client received payment.
- In the landlord/tenant context, our firm primarily represents landlords. For example, we represented the prevailing shopping center owner in the decision handed down by the Supreme Court of Virginia in Cavalier Square Ltd. Partnership v. Virginia Alcoholic Beverage Control Board. 246 Va. 227, 435 S.E.2d 392 (1993). In that case, the tenant decided to move to a different location and attempted to escape its obligations under the lease by asserting constructive eviction. When the trial court agreed with the tenant, we appealed and succeeded in having the decision of the trial court reversed. Upon remand to the trial court, the landlord prevailed and was paid.