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Living the Dream - Live “How to Collect from People that Owe Me” April 14, 2010 E-Seminar / Conference Call Hosts: Mark Kohler, CPA, Attorney at Law Mat Sorensen, Attorney at Law Dwight Beckstrand, Attorney at Law www.kkolawyers.com Telephone 435.586.9366 Facsimile 435.586.9491 © KKO Lawyers, LLP 2010 www.kohlereyrecpas.com Telephone 435.865.5866 Facsimile 435.586.9491 © Kohler & Eyre CPAs, LLC 2010 www.numberwonaccountants.com Telephone 435.865.7820 Facsimile 435.586.7702 © NumberWon Accountants, LLC 2010
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Here’s what to Expect I. Damages from Injury II. Family Law Collections III. A\R and Tenants IV. Loans and payments V. Deals gone Bad VI. Collecting on a Judgment VII. 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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- - 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 Accounts Receivable
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- - 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 Loans
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- - Starting with a Demand Letter - - Private Investigators - - Mediation - - Law Suit and Judgment Deals gone Bad
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- - What does ‘executing’ on a judgment mean? - - Supplemental proceedings - - Garnishments - - Repossessions Collecting on a Judgment
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- - Business Deduction – Ordinary - - Non-Business – Capital Loss - - Proving its ‘worthless’ - - Bernie Madoff Rule - - IRS Publication 550 - - IRS Publication 535 Tax Deductions
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Living the Dream - Live THANK YOU!!!! www.kkolawyers.com Telephone 435.586.9366 Facsimile 435.586.9491 © KKO Lawyers, LLP 2010 www.kohlereyrecpas.com Telephone 435.865.5866 Facsimile 435.586.9491 © Kohler & Eyre CPAs, LLC 2010 www.numberwonaccountants.com Telephone 435.865.7820 Facsimile 435.586.7702 © NumberWon Accountants, LLC 2010
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