Collection Services Program
Barker Martin added its Collections Services Program to its list of general counsel services at the request of our clients who challenged us to provide the same quality of service we apply to our multi-million dollar cases to the everyday practice of collections. We delivered. Our Collections Services Program now includes all aspects of community association collections with the same level of professionalism and responsiveness we offer all of our clients.
Initial Governing Document Review. Barker Martin’s Collections Service Program begins with a thorough review of the association's governing documents to ensure that all amounts charged by an association are legally collectible. The association is then advised if their governing documents pose any barriers to collection or if there are necessary or desirable changes to the governing documents, including changes to an association’s collections & enforcement policies or resolutions (if applicable). If needed, Barker Martin also works with boards to design, adopt and implement collections and enforcement policies tailored to your individual association.
Assessment Collection. The key to successful assessment collection is accuracy and clarity. That is why we also make sure that the association has met its collection prerequisites and that there is proper documentation for the amounts owed by owners in the ledgers. Once the numbers are confirmed, Barker Martin begins the collections process. This process can include sending one or more demands, recording a lien, responding to payoff requests, negotiating settlements and, if necessary, filing lawsuits to obtain personal judgments or foreclosing. .
24/7 Reporting. On your way to the monthly board meeting but forgot to get the delinquency update? Or maybe you just want a mid-month check in? No problem. Just log in to our client access page and get real time, accurate, up-to-the-minute status updates on each of the delinquencies in your association. But don’t think that we use the on-line access as an alternative to good service. Our attorneys and staff are also available to answer your questions and discuss each account in detail.
Attorneys Fees. Barker Martin’s fee structure is primarily hourly with a few flat fees designed to encourage early settlement for debtors while ensuring that the debtor is responsible for the time spent negotiating with debtors, settling claims or reconciling the ledgers after settlement. We truly believe this provides the best value to our clients.
For clients looking for a flat fee option, Barker Martin has recently introduced the Flat Fee Due Diligence Option. Under this option, the Association pays an initial flat fee of $480 plus nominal mailing costs. This one-time fee covers the cost of setting up the file, checking the debtor’s bankruptcy and ownership status and other basic information, review of the specific ledger and the sending of the first notice of delinquency to the debtor. After the first notice expires, Barker Martin’s attorneys will provide a legal opinion on the likelihood of the collectability of the debt and a recommendation for proceeding. If the association wishes to proceed with collection efforts after the first notice, usual rates will apply. If the association does not wish to proceed, nothing more will be owed.
- Governing Document Review
- FDCPA Compliance
- 24/7 On-Line Reporting System
- Expedient Collection Efforts
- Collection Letters
- Lender & Escrow Payoff Letters
- Collection & Enforcement Policies
- Recording Liens & Lien Releases
- Bankruptcy Claims
- Personal Obligation Lawsuits
- Ledger Review
- Assistance with Pre-Turnover Procedures
- Estate Collections
- Money Judgments
- Debtor Exams