Attorney Representation

Our recovery programs are designed in conjunction with effective and aggressive legal representation. Stuart Allan has in place and enjoys collection competent, insurance and surety legal representation throughout the 50 states.

Simply put, accounts that have the ability for repayment but are unwilling are sued. Account balance predicates the court. If your GIA or policy language allows for a specific venue or a consent to a change of venue, we will take advantage of that provision.

We rely heavily on the judicial system to force recovery. Our asset department pinpoints attachable assets and works directly with our legal department through adjudication, perfection, domestication if necessary, and eventual execution upon attachable assets.

Accounts that fail to make satisfactory payment arrangements are thoroughly reviewed prior to placement with our legal department. An authorization to file suit is mailed to you. Upon your approval, Stuart Allan will begin and spearhead the legal collection process. You will be copied on all phases of the legal collection process. From assignment to the attorney, proof of service upon the defendant(s), copies of all court filings or responses, perfection, assignment to the Marshall for execution, and eventual recovery.

All offers of settlement or compromise will be presented to you for approval, denial, or counter offer in writing.

In the 13 Western States and on bigger balance accounts, Stuart Allan specifically utilizes pre-judgment writs of attachment. When applicable and after posting appropriate bonding, our attorneys file suit without notice to the defendant. This is the most aggressive and effective collection technique available to creditors. We show the court that the defendant is either fraudulently conveying or concealing assets, has a history of not honoring financial obligations, or when judgment is rendered in our favor, the assets would have diminished or be non-existent. In addition to seizing merchandise, equipment, vehicles, and personal assets, we'll also move to attach any accounts receivable.

Stuart Allan has a separately licensed professional investigation department which works directly with our legal staff and attorneys. They utilize unique collection techniques and tactics, which are geared towards financial impairment or repayment.

Judgment Enforcement Division

ORDER FOR EXAMINATION
If we are unaware of the defendant's assets or the location of these assets we may return to the court of judgment and request an ORDER FOR EXAMINATION. This order, after being served on the defendant by the Marshal, requires the defendant to appear in court to answer questions about their assets. If they do not appear the court will issue a warrant for their arrest.

EARNINGS WITHHOLDING ORDER
An EARNINGS WITHHOLDING ORDER requires an employer to send to the Marshal approx. 25% of the defendant's net earnings every payday. The employer has 15 days to send an answer to the Marshals Office, after service, regarding the defendant's net pay and pay period. A copy of this answer is sent to us. The Order is in effect for 100 days with collections paid to us by the Marshal approximately every 30 days. The defendant is entitled to file a "Claim of Exemption" for return of withheld monies and relief from the Order.

BANK LEVY
A defendant's bank account may be garnished. The defendant may file a "Claim of Exemption" for return of monies.

VEHICLE LEVY
A vehicle registered to and in the possession of the defendant may be levied on and sold at auction by the Marshal. The legal owner may make a claim in which case it must be paid off by you before the vehicle can be sold. If the vehicle is the only one registered to the defendant, said defendant will receive an automatic exemption of $1,200.00. This means that the bidding at the auction starts at $1,200.00. If this minimum bid is not received the vehicle is returned to the defendant.

TILL TAP LEVY
If the defendant owns or is a business that has a "cash till" on the premises you may instruct the Marshal to execute a TILL TAP LEVY. Monies from the till are removed and paid to us.

KEEPER LEVY
If the defendant owns or is a business you may instruct the Marshal to execute a KEEPER LEVY. Upon installation of the keeper the business and all assets are under control of the Marshal, as well as any money.