For more than 30 years, Sussman Shank has successfully assisted clients in collecting commercial accounts receivable. With our experience, we have developed a number of procedures and methods to efficiently and effectively collect what is owed to our clients.
Whether it's a straightforward contract enforcement claim, defending a warranty claim or other defense to payment, or enforcing more unique remedies such as liens, bonds, security interests, or pre-judgment remedies, we have the experience and ability to help you achieve your collection goals.Representative Experience
Efforts prior to filing a lawsuit
For a stable of clients, Sussman Shank has for years assisted in obtaining funds from debtors who refuse to pay. Quite often, we are able to persuade the debtor to pay prior to the filing of a lawsuit. If debtors continue to skirt their obligations, we are able to quickly, efficiently, and aggressively bring suit against the debtor to force payment and, when necessary, obtain pre-judgment remedies to ensure assets will be available once judgment is obtained.
Sussman Shank has enforced hundreds of construction lien and payment bond claims for its clients, in addition to third-party guarantees and security interests.
Sale of Goods
Client failed to obtain a written agreement, but sold product under an oral agreement. Facing a well-known local company claiming that the oral agreement required our client to pay consequential damages and lost profits arising from the sale of certain materials, we not only defeated the debtor's claims at trial, but also received a judgment for the full amount owed our client.
Pre-Judgment Remedy Enforcement
We represented an unsecured creditor who was confronted by a debtor with a multitude of companies and transfers of assets among those companies and to others. We successfully obtained pre-judgment remedies against several companies of the debtor, which assured our client that assets would be available at the conclusion of the case. Facing these issues and a motion for a restraining order prohibiting additional transfers, the debtor paid our client in full.
Decreasing Risk of Non-Payment
At times our clients approach us with an unsecured debt and a debtor who claims an inability to pay. We have developed a number of procedures and methods to determine if the debtor is telling the truth and, if not, to negotiate a solution whereby the debtor pays over time in return for securing the debt in some fashion.
Sussman Shank represented a spouse in the enforcement of a judgment against her ex-spouse. Because her ex-spouse would not voluntarily pay the judgment, we initiated foreclosure of the judgment lien against real property owned by the ex-spouse. The ex-spouse unsuccessfully attempted to avoid the foreclosure by transferring the property to a family member. We successfully enforced the judgment lien, which resulted in full payment to our client, including her attorney fees.
Sussman Shank represented a group of investors that enforced a guaranty and obtained a judgment against the seller of the investments and the holder of the investment interests. We successfully enforced the judgment by having the sheriff sell the investment interests.
For over 10 years, Sussman Shank has represented a nationally-known commercial collection agency in hundreds of disputed matters. We have successfully litigated and obtained a judgment in the client's favor on breach of contract (oral and written) and property damage claims. We also assist our clients in all manner of post-judgment enforcement.
Sussman Shank has long represented numerous large construction supply companies with all of their collection needs. In addition to filing construction lien and public works bond claims, we have obtained significant recovery for these clients from the contractor's surety bonds on file with the Bureau of Labor and Industries in Washington and the Construction Contractors Board in Oregon.