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“How to Collect from People that Owe Me”
April 14, 2010 Living the Dream - Live E-Seminar / Conference Call “How to Collect from People that Owe Me” Hosts: Mark Kohler, CPA, Attorney at Law Mat Sorensen, Attorney at Law Dwight Beckstrand, Attorney at Law Telephone Facsimile © KKO Lawyers, LLP 2010 Telephone Facsimile © Kohler & Eyre CPAs, LLC 2010 Telephone Facsimile © NumberWon Accountants, LLC 2010
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Here’s what to Expect Damages from Injury Family Law Collections
A\R and Tenants Loans and payments Deals gone Bad Collecting on a Judgment Any Tax Benefits?
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Injury - Take Pictures at the scene of the accident.
- Gather names and phone # of witnesses. - Get insurance information of other drivers/autos. - Seek medical care. - Take photos of injuries/wounds. - Time limits to file claims. - Don’t speak to insurance adjusters or give statements (except to police) before talking to a lawyer. - Do not sign any liens or releases of information without talking to a lawyer first. - You may be entitled to wage losses, medical costs, and pain and suffering.
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Family & Support - Do you have a final order from the Court?
- Has the ex-spouse violated the order? - Once an order is in place certain government assistance may be available for collection of child support (UT- ORS, CA – CSS). - Contempt of Court for violation of a Court order. - Child Support failure to pay may result in criminal prosecution. - No statute of limitation in CA. UT w/in 8 years. - Non-child support obligations such as alimony or property settlements may be more difficult to collect. - Nearly impossible to bankrupt child support or alimony.
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Accounts Receivable Proper verbiage in Service Agreement
Regular and consistent collection letter and phone call Turning it over ‘to collections’ Different between law firm and collection firm
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Loans Was it documented in writing Secured versus Unsecured
Statute of Frauds issues Starting with a Demand Letter Accelerate note, default rate Notice if secured Small Claims Court Lawsuit and Judgment
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Deals gone Bad Starting with a Demand Letter Private Investigators
Mediation Law Suit and Judgment
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Collecting on a Judgment
What does ‘executing’ on a judgment mean? Supplemental proceedings Garnishments Repossessions
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Tax Deductions Business Deduction – Ordinary
Non-Business – Capital Loss Proving its ‘worthless’ Bernie Madoff Rule IRS Publication 550 IRS Publication 535
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© NumberWon Accountants, LLC 2010
Living the Dream - Live THANK YOU!!!! Telephone Facsimile © KKO Lawyers, LLP 2010 Telephone Facsimile © Kohler & Eyre CPAs, LLC 2010 Telephone Facsimile © NumberWon Accountants, LLC 2010
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