AREAS OF PRACTICE/CLIENT LIST
SUMMARY OF LEGAL SERVICES
Silverman/Borenstein, PLLC is a full spectrum Creditor's Rights law firm representing clients in areas ranging from basic retail, consumer collections, auto and heavy equipment replevin/repossession, subrogation, residential and commerical foreclosures to creditor's side consumer and complex commercial backruptcies. Our client list includes Fortune 500 financial institutions, insurance carriers, purchasers of charged off debts, credit unions and commercial organizations. S&B is dedicated to representing each cleint's specific legal requirements including effective enforcement of their judicial rights while maintaining strict compliance with applicable state and federal laws. S&B's attorneys are licensed to practice in Colorado, Wyoming and New Mexico.
COLLECTION OF CONSUMER DEBT
CREDIT CARDS - PERSONAL OR STUDENT LOANS - SUBROGATION - AUTOMOBILE - DORMANT JUDGMENTS
We have state of the art collection software with CLS and employ sophisticated resources to locate debtors and their assets. We employ only experienced and professional collectors. We utilize the firm's well developed standards in debt collection from acceptance of the account through post judgment procedures. All accounts are moved through the system to secure a judgment as quickly as possible. In most cases, we can secure a judgment within 90-120 days from intake. As the accounts move through the judicial process, our collectors, skip tracers and dialers are constantly attempting to resolve the accounts through payment in full, settlement or payment plans utilizing stipulated judgments. In addition, our firm employs letter and settlement campaigns to maximize our collection revenues. Below is a list of type of debt collection we pursue:
- Credit Cards
- Student Loans
- Auto Loans and Lease Defaults
- Replevins/Repossession and Deficiencies
- Dormant Judgments
This is an area where we have saved clients significant time and money because of our expedited approach. Most law firms make the costly mistake of separately the obtaining of an order for possession through a show cause hearing only later having to go through a second hearing to obtain a judgment. We have combined these processes into a single proceeding, saving our clients significant amounts of time and money. Our years of experience have taught us to obtain an order for possession and an order for a money judgment at the same time. This procedure eliminates the need for our clients to spend yet even more time and money on seeking a money judgment after recovery of the collateral. Once the collateral is sold, the balance is adjusted and we are ready to collect on the deficiency. Of course, there are situations where the client requires that we obtain only an order for possession in which case we can accommodate and secure such an order in an expedited hearing.
CREDITOR SIDE BANKRUPTCY
Our firm specializes in Chapter 7 and Chapter 13 bankruptcy litigation. We pride ourselves in our prompt 24 hour turnaround from time of placement to filing with the court. Our firm routinely appears in the Colorado bankruptcy court where our experience and familiarity with the rules and procedures allow us to approach any case from a practical perspective designed to protect the interest of our clients. Silverman/Borenstein provides a number of services with respect to bankruptcy representation including but not limited to the following.
- Motions for Relief from Automatic Stay
- Objections to Confirmation/Modification
- Confirmation Hearings
- Motions to Dismiss
- Re-Affirmation Agreements
- Specialized Court Appearances
- Stipulations/Stipulated Relief
- 2004 Examination, Discovery
- Adversary Proceedings and Litigation
- Chapter 13 Plan Litigation
- Proofs of Claim
- Fraud Litigation
- Non Dischargeability Litigation
Our attorneys are experienced subrogation litigators, with a full and complete understanding of what can sometimes be a confounding process in the hands of the inexperienced. Our firm brings extensive knowledge of insurance contracts, coverage and liability issues together with a track record of success in settlement negotiations.
POST JUDGMENT ENFORCEMENT
Once judgment is obtained, our firm uses many resources to obtain asset information. Just to list a few, we consistently receive bank account and employment information from the following sources:
- Work Number
- One Click
These are only some of the resources we utilize to locate assets. We determine which resource to use based on a number of factors, such as age of judgment, age and residence of the judgment debtor, and the judgment balance. We employ a cycle approach by cycling the judgments through these various resources based on these factors. We dot hesitate to spend our money on asset searches and it is not uncommon to spend upwards of $100.00 on high balance accounts to secure an asset.
Once we locate and verify an asset we have a dedicated Garnishment Department whose sole responsibility is to process, serve, follow up and secure successful garnishments. Our Garnishment Department is fully staffed where each individual is cross trained to perform all the functions necessary to complete the levy process for both bank garnishments and wage garnishments. We also have employees who are dedicated to monitoring and managing our process servers to ensure that the garnishments are timely served on the banks and employers and then timely filed with the court. We monitor bank garnishment attempts to time such levies to coincide with pay days, such as the 1st and 15th of each month, or every other Friday, depending on the information obtained by our collectors in conversations with the debtors. We are particularly proud of this department.
We record judgments as a matter of course, creating a lien on any real property in the county in which the judgment is recorded.
FORECLOSURE & REAL ESTATE
In Colorado a foreclosure can be initiated either through a judicial foreclosure or through the Public Trustee with a non-judicial foreclosure. We believe in the efficient use of available resources to eliminate or reduce delays associated with what is often a lengthy foreclosure process. We have been able to assist our clients in other real property areas such as notices of intent to redeem. We have secured surpluses in amounts upwards of $150,000.00 on individual cases.
- FORECLOSURES - Commercial, retail, consumer
- NOTE/JR LIEN ENFORCEMENT
FDCPA DEFENSE - LAW FIRMS and AGENCIES
With the unfortunate abuse of the FDCPA and related consumer protection statutes at an all time high and with no end in sight, the need for competent and quality defense counsel is an absolute necessity. Silverman/Borenstein provides such defense, vigorously.
COMMERCIAL COLLECTIONS/BUSINESS LITIGATION
- Business Equipment Default
- Financial Institutions
- Leasing Companies
- Account Receivable Management
- Mechanics Liens
- Business Contracts
Help - When people need it the most
Mediating commercial disputes has proven to be an extremely successful, productive and cost efficient manner dispute resolution. It is a well established and widely accepted process whereby the parties (and their counsel if represented) genuinely work together to solve the problem at hand as quickly and expeditiously as possible without spending the attendant costs of litigation.