As a business, you might find yourself in the position of having customers who owe you money for products or services you provided them. As the creditor for debt that’s owed to you, you have rights to collections and assets recovery, but you should understand what legal options you can take to recover funds that you’re owed.


If you don’t feel like you’re able to get the money you’re owed on your own by contacting a debtor directly, then you’ll probably move on to debt collection through other means. One common method is to enlist the aid of a debt collections agency, an organization that will usually collect a percentage of the debt plus expenses after a successful collection. However, you need to understand the regulations that are put in place by the Fair Debt Collection Practices Act and which apply to debt collections agencies.

Speak With Our Attorney


If you decide to forego debt collections agencies or have already tried it and came up empty-handed, then you might need to go to court. Suing over collections and assets recovery as a creditor is expensive, but it’s sometimes the only way to see your rights as a creditor enforced. In extreme instances, you can actually receive the debtor’s property prior to the court’s decision on the matter. Other possibilities include replevin action and attachment, which allow the creditor to take back property if payments stop.


An additional option is to sue the debtor. The result of a successful lawsuit is an enforcement judgment that enables you to claim property from the debtor until your debt is covered. This often involves the assistance of a local sheriff. On the other hand, you can opt for a lien, which is a legal claim to the property of a debtor. This is primarily useful for real estate, where you can have a lien against the debtor’s property equal to the judgment granted. Having a lien on the property could allow you to foreclose and reclaim your money that way.


Eric Helmy

Business Litigation Attorney


  • 100% Satisfaction with Communication
         Eric helped represent me with a very large lawsuit that was brought against me. 100% satisfaction with communication. It was timely; it was appropriate; it was insightful, thoughtful. From beginning to end, it was very clear that my legal counsel, Eric Helmy was by far the better warrior, so to speak, the intellectually, strategically, and we clearly outthought the opposition from beginning to end, and I don’t think they knew what hit them. The opposition didn’t have any choice but to really retreat and drop the suit, so I was very satisfied.
    Aloysius Fobia, M.D. Physician in Portland, Oregon
  • He'll Respond to Me When I Need Him.
         …I believe my law case never would have got off the ground without Eric’s attention to what was happening to me. I’m an excavator, in the tough times that have come along, there’s been several instances where the big developers think they’re not going to pay me, and I feel like they’re trying to [take advantage of] me. I can call Eric,…and he’ll come down and go sit in a meeting with me and all these big developers are writing checks before we’re getting up and leaving. …It’s nice to know that I have him on retainer, and he’ll respond for me when I need him. That’s the personal service you’ll get with him…
    Brad Bartlett Bartlett Excavation & Construction, LLC
  • We Left With Important Information and a Plan
         Our first meeting with Eric was very helpful. We left with important information and a plan, and now we have our own corporation! Eric was invaluable in the writing of our bylaws and in advising our business setup. He also had great insights into owning a business in the Northwest. Having him on our company’s side makes us feel ready for the legal hurdles we will face as our business grows.
    Jaclyn Stewart CEO of Jurevicious Studios
  • We are Very Pleased
         …We’ve worked with Eric on two different contract matters and [have] been very, very pleased with his advice and all the support he’s provided to members of our organization…We were really, really pleased with the quality of work Eric delivered, all the due diligence he performed, the advice he gave to the members of our staff…We would certainly recommend Eric, and we would hope to work with him again.
    Alice Forbes