Call us today for a free consultation with a creditors’ rights attorney.

504-368-2700

Effective Creditors’ Rights 


Unpaid debt is a major problem for today’s lending institutions.  Our firm provides professional and cost-effective legal representation that enables our clients to receive the money they are owed in a timely manner.  There are many forms of legal action that can be taken against a debtor, resulting in regaining control over your accounts receivable.  If you are looking for an experienced law firm that will provide you with personal service and aggressive representation, you have come to the right place.  Call us today to speak to a creditors’ rights attorneys about what we can do for your firm or bank.

The creditors’ rights attorneys at BowesPetkovich & Palmer, LLC have over 50 years of collective experience representing many national and regional banks, credit card companies, finance companies, credit unions, and commercial lenders.  We handle all types of creditors’ rights cases including collection of delinquent credit cards and promissory notes, repossession of automobiles, foreclosure of home mortgages, pursuing deficiency judgments after a repossession or foreclosure, evictions, and representing our clients in bankruptcy court if a debtor files for Chapter 7 or Chapter 13 protection.  

SKIP TRACING & ASSET LOCATION

It is not uncommon for a debtor to seemingly vanish.  People move for all sorts of reasons.  Often times that is the reason they quit paying their debts in the first place.  We use the latest technology to locate debtors to send demand letters, serve pleadings, and later to enforce our judgments.  Other debtors, however, may intentionally hide an asset or avoid service.  We have successfully found vehicles throughout Louisiana and have even located them in other states for our auto clients.  We also utilize trusted private process servers to serve pleadings on slick debtors.

Further, when collecting a debt we use various strategies to obtain and verify asset and employment information.  Examining credit reports, property assessments, and court filings (such as successions and injury lawsuits) are just a few of the ways to locate assets for seizure.  We also utilize several strategies to locate and verify places of employment in advance of wage garnishments.

PRESCRIPTIVE PERIODS

Also known as statutes of limitation in other jurisdictions, Louisiana’s prescriptive periods for collecting debts are 3 years for open accounts (credit cards), 5 years for promissory notes, and 3 years for past due rent.  The periods begin to run when payment becomes overdue but can be interrupted by an “acknowledgment of the debt.”  Thus, it is prudent to hire a creditors’ rights lawyer to preserve your rights.

Money judgments prescribe after 10 years but can be revived for an additional 10 years by filing the necessary court pleadings prior to the expiration of the judgment.  Likewise, if a judgment is recorded in the mortgage records, the judicial mortgage that the recordation perfects expires after 10 years from the date of recordation but can be extended by reinscribing the judicial mortgage.  We keep track of all of our judgments and make sure each is timely revived and reinscribed to protect our clients’ rights.

FAIR DEBT COLLECTIONS PRACTICES ACT

Our office goes through great lengths to ensure compliance by our attorneys and staff with the Fair Debt Collection Practices Act (FDCPA) and Louisiana’s version of same. It is important to note that FDCPA rules only apply to personal or consumer debts.  It does not yet apply to business or commercial loans.  The FDCPA also does not apply to creditors who collect in their own name and whose principal business is not debt collection. However, if a creditor hires an attorney or collection agency to collect the debt, then that attorney or collector is subject to the requirements of the FDCPA.  As a matter of employing best practices, we follow the FDCPA guidelines for all debts we collect on behalf of clients.

The creditors’ rights lawyers at BowesPetkovich & Palmer, LLC are highly experienced at collecting all types of debt and dedicated to getting the results you need.  We have decades of experience representing creditors in the New Orleans area and across Louisiana.  Call us today for a free consultation.

Creditors’ Rights News

  • FDCPA Compliance Checklist and Best Practices
    In Creditors' Rights
    The Fair Debt Collection Practices Act (FDCPA) regulates the collection practices of third-party debt collectors and law firms engaged in collections.  The FDCPA is found at 15 USC 1692 et seq.  It was designed to protect consumers by eliminating abusive, deceptive, and unfair debt collection practices.  It also protects reputable debt collectors and law firms from unfair competition.  Below is a comprehensive outline of restrictions and requirements that debt collectors [READ MORE]
  • default judgmentOne Year Later: The Effect of Louisiana’s New Default Judgment Laws on Creditors’ Rights Litigation
    In Creditors' Rights
    It has been a year since Louisiana’s new default judgment laws went into effect on January 1, 2022.  Practitioners and judges alike have now had enough time to adjust to the changes in the law.  As a practitioner who takes default judgments every week, these changes were of particular interest to myself, my staff, and my clients.  One of the first questions I received last January was: “[i]s it going to be harder to get a default judgment?”  My short answer [READ MORE]
  • Debtor not Entitled to § 1983 Relief Against Creditor’s Counsel Where There was No Specific Intent to Harm
    In Creditors' Rights
    Debtor and her husband entered into a promissory note secured by a mortgage in the purchase of their home. In June 2004, they defaulted on the loan. Two months later, Debtor’s husband passed away. In November 2004, Creditor filed an executory proceeding to perfect the seizure and sale of the property. After filing the suit, Creditor’s Counsel received the original promissory note which was marked with an unsigned stamp indicating the note was paid and cancelled. He also received correspondence [READ MORE]

Location

Bowes, Petkovich & Palmer, LLC

2550 Belle Chasse Highway
Suite 200

Gretna, LA 70053

Contact

Need additional assistance? Please contact us:

info@bpp-law.com

504-368-2700

504-368-2900 (fax)

Hours

We are open Monday to Friday, from 9:00 am to 5:00 pm.

We are available by appointment during non-business hours.

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