Collections

Our firm represents many businesses and individuals in seeking judgment and collection of a debt owed by persons or other businesses.  We have a successful record in the area and take an aggressive approach in seeking collection of debts.  Further, we are always looking for new and better practices in the debt collection process to serve our clients best interest.

There are several ways that a person who is owed a debt, known as a "creditor", can seek collection from the person who owes the debt, known as a "debtor".   Garnishment allows a creditor to collect through taking a portion of the debtor's property (such as wages) to satisfy the obligation over time.  If a creditor holds a "secured interest" in a piece of property, he/she may seek replevin to seize and recover possession of the property.  A "secured interest" can be created in many ways, typically where the creditor has sold something to the debtor and gives the debtor possession of the property prior to receiving full payment (ex: bank giving a borrower possession of a vehicle).  We are familiar with the process in securing this type of interest, which can widely vary depending on the type of property, sales agreement, and the situation.

Attachment is another limited statutory remedy where a creditor can seize other pieces of property owned by the debtor.  A receivership is sometimes setup by the court appointing a third party to administer and dispose of the debtor's property to the appropriate creditor.  This typically occurs where many creditors are involved and with conflicting priorities as to who should get what property.

There are laws to protect both the creditor and debtor from unfair practices, such as the Fair Debt Collection Practices Act for debtors and the Uniform Fraudulent Transfer Act for creditors.  The attorneys at Eberhard & Weimer, P.C. are familiar with the laws on both sides to ensure that we are seeking appropriate remedies that are within the bounds of the law, and to ensure that the debtors are not illegally hiding or transferring assets that could be used to satisfy judgments.

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About Us

BennyEBERHARD & WEIMER, P.C., is a law firm that provides its clients with representation of the highest quality by the most efficient, economical, and ethical means.

We offer a diversified practice to individuals and small and medium-sized businesses and feature a trust and estates division. 

Family Law • Business & Corporate Law • Estate Planning & Probate • Real Estate Transactions • Criminal Law

Contact Us

115 South Detroit St.
LaGrange, IN 46761
(260) 463-7154
Fax (260) 463-3634

1504 North Wayne St., Suite A
Angola, IN 46703
(260) 665-3300
Fax (260) 665-3301

Hours

Monday 8:00am-7:00pm
Tuesday 8:00am-4:30pm
Wednesday 8:00am-4:30pm
Thursday 8:00am-4:30pm
Friday 8:00am-4:30pm
Saturday Closed
Sunday Closed

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