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Debt Collection, Lien Enforcement, and Civil Litigation Lawyer Serving Kentucky and Indiana

The Law Office of Jerry N. Higgins represents contractors, investors and hard money lenders in lien enforcement and debt collections matters in several states throughout the U.S. The firm additionally represents landlords in evictions and landlord-tenant disputes in Kentucky and southern Indiana. A seasoned real estate lawyer and litigator, attorney Jerry Higgins handles the full range of real estate legal matters and also maintains a general civil litigation and family law practice covering all of Kentucky and Indiana and parts of Ohio as well. If you need help with a real estate legal matter or require professional assistance resolving a civil dispute of any type, call on the Law Office of Jerry N. Higgins for trusted advice and solid representation based on years of experience.

Debt Collection

If you are a lender, investor, or doing business in any capacity, you probably have to take measures from time to time to collect a debt. Pursuing debt collection in-house can be taxing on your limited resources, and selling the debt to a collection agency only nets you pennies on the dollar. The debt collection practice at the Law Office of Jerry N. Higgins, PLLC, can be a time-efficient and cost-efficient way to manage your aged account receivables. Licensed to practice in Indiana, Kentucky and Ohio, attorney Jerry Higgins is knowledgeable in the applicable state and federal laws when it comes to debt collection as well as the various legal tools available to collect. We offer practical advice and professional assistance to help you recover the debt owed to you through various mechanisms, including:

  • Demand Letters
  • Negotiations
  • Lawsuits
  • Enforcement of judgments
  • Liens
  • Garnishments
  • Attachments

Debtors, especially sophisticated debtors with legal representation, might have one or more potential defenses to put up a fight against lawful debt collection, including disputing the amount or existence of the debt, alleging unfair debt collection practices, claiming debts are stale and beyond the statute of limitations, and other legal maneuvers. With the Law Office of Jerry N. Higgins working on your behalf, you can be assured that your debt will be pursued vigorously and professionally.

Mechanic’s and Materialman’s Liens

A contractor who supplies materials or performs work on another’s property can take a security interest in the property to assure payment, but construction liens must be prepared and filed correctly according to the applicable state law to be enforceable. Depending on state law, property owners, contractors, subcontractors, architects and others have a lien for the amount owed with interest plus costs. This lien may be superior to any subsequent mortgage, provided it was created correctly and duly recorded with proper notice to all applicable parties. State laws impose strict time limits and duties on lienholders regarding filing statements of the amount claimed and providing notice in a timely fashion. These timelines can also vary depending on the amount owed, so it’s crucial to have the help of a knowledgeable and experienced debt collection attorney who is well-versed and practiced in the laws of your state. The Law Office of Jerry N. Higgins handles the full range of mechanic’s and materialman liens and other construction liens, including:

  • Engineers’ liens
  • Architects’ liens
  • Landscape architects’ liens
  • Real estate brokers’ liens
  • Land surveyors’ liens

Judgment Liens

In most cases, civil litigation ends with one party being ordered to pay a money judgment to the other party. Money damages are the usual recourse in most types of civil litigation, including business disputes, personal injury cases, breach of contract or tort actions. An unpaid judgment puts the parties into the status of judgment debtor and judgment creditor with respect to one another. To secure payment, the judgment creditor might seek a lien on the debtor’s property. Once the lien has attached to the property, the lienholder can move forward to foreclose on the property and force a sale to collect the amount due on the lien.

Tax Lien Enforcement

Taxing entities can also impose a lien on real property for unpaid taxes, with the enforcement tool of foreclosing on the property and selling it to recover taxes due. The Law Office of Jerry N. Higgins represents institutional investors all over the United States and has provided delinquent tax lien enforcement for cities across Kentucky. The firm is currently seeking GSE approval to handle federal-backed loan enforcement as well. For strong and effective representation in tax lien enforcement and litigation in Kentucky, Indiana, Ohio or beyond, call the Law Office of Jerry N. Higgins, PLLC.

Call the Law Office of Jerry N. Higgins Today

Debt collection and lien enforcement require a strong attention to detail, diligently following strict timelines, and preparing legal documents with thoughtful consideration as to form and content. With the Law Office of Jerry N. Higgins, PLLC on your case, you can be assured your matter will be handled appropriately, including lien documents prepared correctly and timely and recorded in the right place and within the applicable time frame. You can expect the debtor to fight lien enforcement or other debt collection mechanisms, so it’s essential to get a good attorney on your side. In Kentucky and Indiana, call the Law Office of Jerry N. Higgins, PLLC, at 502-625-3065.

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