The Law Offices of Daniel C. Proctor is a full service, litigation firm, focusing on creditor needs.We provide creditor representation in all Courts in the State of New Hampshire. Through our relationship with Cohn & Dussi, LLC, we can also cover your collection needs all over New England. Fee arrangements include contingency fees, hourly rates, and/or the possibility of flat rate representation, for replevin issues. In addition, Attorney Proctor regularly appears in the Bankruptcy Court providing services including, adversary complaints, motions for relief, objections to proposed debtor plans, filing proofs of claim, and litigating preference related issues. Our emphasis, is to make your collection and/or bankruptcy problems as simple as possible.
We tenaciously pursue your claim.
We have more than 30 years of experience handling commercial claims against debtors. Whether your commercial matter is a secured or unsecured loan, is an equipment lease, involves the sale of goods, a pier-to-pier transaction, commercial sale of assets, or commercial debt buying, we have handled the same. In addition to your efforts, we also conduct an asset checks and a check of corporate records, as a routine part of our preliminary work. We report the same back to you. Even in cases where a business has closed its doors but, the transaction has been personally guaranteed and the guarantor may have skipped, we can help try to locate the guarantor. Our commercial representation also extends into replevin actions, to help recover collateral and bankruptcy litigation. Including motions for relief and objections to proposed debtor plans. We are comprehensive.
In the course of 30 years of practice, we have handled thousands of retail claims against consumer debtors. Upon receiving any consumer claim, we immediately check for assets. In cases where a retail debtor may have skipped, we can assist you in skip tracing efforts. We also do F.O.I.A. requests to the U.S. Postal Service, in cases where a known post office box remains a viable point of U.S. Mail delivery. Our Fair Debt Collection Practices Act compliant initial demand letter, is sent out prior to our suit recommendations. From Small Claims matters to seven (7) figure debts, we have handled it all. Subrogation, construction, goods sold, medical services, eviction deficiencies and loan deficiencies, we will pursue your claim.
In cases where your transaction has collateral, or rental equipment, which you have not been able to recover, we routinely file replevin actions in the State Court. We can obtain an Ex Parte Restraining Order immediately, with filing. Thereafter, a Temporary Hearing is set where we will go and get Court Orders for the recovery of your property. If it meets with your approval, we can help you negotiate loan modifications in situations, where your preference is to have the debtor resume payments in a modified fashion, rather than recovering the depreciated equipment. We can assist you in bankruptcy matters as well.
We have more than 30 years representing creditors if commercial and consumer creditors in the United States Bankruptcy Court for the District of New Hampshire. Discharge Complaints, Motions for Relief, Objections to Proposed Plan, Objections to Proofs of Claim, Stay Violations, Discharge Violations, we will help assist you in presenting your rights, in the debtor friendly environment of the Bankruptcy Court. We focus on creditor rights.
LOAN AND CONTRACT MODIFICATIONS
In situations where you which to try and place the debtor into a loan, or contract modification, instead of merely obtaining a judgment and pursuing post-judgment remedies, we can help in drafting and modifying your loan and/or contract documents. Whether your modification goal is to avoid pushing a debtor into bankruptcy or, for an accounting adjustment to have the contract moving to “performing” again, we can help. Our experience involves all levels of sophistication, from dealing with the least savvy debtor, to highly skilled transactional counsel representing a debtor. See how we can help you to modify your loan and/or contract documents in a manner which thoroughly satisfies New Hampshire Law. Including New Hampshire’s Unfair Debt Collections Practices Statute. Aside from such New Hampshire “creditor” restrictions, the myriad of “lender” and “consumer” New Hampshire Regulations, may be confusing for those who do not have experience. We can help you be compliant.
NEW HAMPSHIRE UNFAIR COLLECTION PRACTICES STATUTE
As with Federal law, New Hampshire has a State counterpart to the Federal Fair Debt Collection Practices Statute. Under New Hampshire’s unique Statute, consumer and commercial claims both are regulated. In addition, New Hampshire’s Unfair Collection Practices Statute applies to those who are trying to collect their own debts. New Hampshire’s Statute is not limited to third-party collectors. Penalties include the possibility of treble damages plus attorney’s fees, based upon a debtor claim. We have defended creditors from unfair collection lawsuits and we can help you avoid such claims.