Our process incorporates the best of what collection agencies and law firms have to offer, and discards what makes them inefficient and ineffective.
Collection agencies typically don’t sue, so they are unable to utilize the power of the legal system to enforce debt payments. And by relying on scare-tactics and harassment, some agencies damage good will between creditor and consumer.
TPH Approach will typically have three outcomes from our legal collection process:
1. The consumer will pay the debt or a warranted discounted settlement voluntarily without a legal proceeding.
2. The consumer will pay the debt or a warranted discounted settlement through legal proceeding.
3. We will advise the client the debt is unrecoverable and recommend next phase of collection process.
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TPH Law’s Recovery Team is focused and specialized in the area of pre-legal and legal collections.
Our Legal professionals and experienced recovery specialists have developed an integrated and highly efficient approach to legal collections.
Our Recovery Specialists are trained professionals who must reflect the high standards of our client’s as well as TPH. These specialists firmly advise customers to address their outstanding balances while always being mindful to appropriately represent the brand of the client. If their initial approach does not result in a quick resolution, recovery efforts will escalate.
Pre-legal recovery services are a proven way of recovering bad debts. However, should your customers fail to resolve their debts with your company after our involvement; we are prepared to initiate legal action against them with no delay.
The legal phase commences only if all negotiations have been exhausted, the consumer has executable assets or income, and client permission to proceed with litigation has been granted. If all these requirements are met, the legal representative of the corresponding province will review the file to determine if legal action is warranted. Each province will have its own legal strategy in accordance with their provincial legislation.
Our recovery specialists will make attempts to resolve the judgment directly with the debtor while simultaneously advising the legal team of potential enforcement avenues. If the recovery specialists are unsuccessful in their attempts to negotiate a solution to the matter, our legal team will take further action against the debtor. Several different avenues are available to enforce your Judgment. The two options below are the most common enforcement avenues pursued:
• Writ of Seizure and Sale
A Writ of Seizure and Sale of Land is a court order applied for after judgment is obtained which secures a debt against an asset (typically property). Depending on the province, writs are either filed directly against a property or against the consumer’s name in a particular jurisdiction.
• Notice of Garnishment
Garnishments are court orders obtained after judgment which allow a creditor to garnish a particular percentage of funds from a person’s paycheck, bank account, rental income from tenants, and other income sources. The most typical form of garnishment is an employment garnishment.
TPH’s experience representing creditors in Insolvency space is significant. We work to protect the rights of creditors and other parties affected by insolvency. Our experienced legal team can investigate bankruptcy filings & other insolvency actions to determine their veracity and then pursue your creditor’s rights accordingly.
We understand that collecting a debt is ultimately a matter of strategy. Our solutions are designed to reach the best possible outcome without spending more on the effort than the recovery is worth. We believe this philosophy is the reason so many lenders and creditors in Canada have chosen TPH as their go-to provider for insolvency investigation and bankruptcy challenges.