Performance Standards

In all of our daily activities and in the manner in which our workflow is structured, these performance standards serve as our guide for superior service. By establishing goals and maintaining rigorous standards our clients are assured that their claims will be handled in a professional, efficient and effective manner. Clients will also be in a better position to judge the performance of our firm in relation to other collection law firms and collection agencies.

Opening of New Assignments - LGW will open new claims received within 24 hours of receipt. Each claim will be reviewed by an attorney and/or qualified paralegal immediately following its entry into LGW's computerized collection system. An acknowledgment of the claim will be sent to the creditor and a first demand letter (containing validation notice) or other appropriate correspondence will be prepared and mailed to the debtor(s) within the initial 24 hour period. As appropriate, an asset search will be commenced, including but not limited to, a review of Registry of Deeds and local Tax Assessor's records to determine real estate ownership and a review of motor vehicle registration information to determine motor vehicle ownership. The debtor's current employment information will be sought and verified. Residential and employment telephone numbers will be researched using available information sources.

Pre-litigation Collection - Beginning three (3) days following the placement of an account, telephone contact with the debtor will be attempted and will continue until suitable payment arrangements are made, or litigation is filed.

Filing of Litigation - Following the review of the account by an LGW attorney, LGW will prepare for filing a small claims or civil action (as appropriate) within 45 days of receipt of the claim, provided suit has been authorized at time of placement, no suitable arrangement for payment has been made and there appear to be assets available. In the event suit authorization has not been given and is required, LGW will prepare and file the small claims or civil action within 48 hours of the receipt of suit authorization from the client.

Pre-Judgment Attachment of Assets - In connection with the filing of litigation, LGW will seek the attachment of assets, including real estate and/or bank account(s), whenever possible and practical, prior to the entry of judgment

Service of Process - LGW will send all summonses and pleading to a constable or sheriff for service within 48 of receipt from the court.

Request for Entry of Default and Default Judgment - In all instances in which no answer or dispositive motion is filed by the debtor, LGW will prepare and file the appropriate request and/or motion for the entry of default and default judgment within 24 hours of the earliest possible date upon which such an application can be made. To insure that judgment is timely entered, LGW will follow-up on requests for entry of default judgment beginning on the 30th day following the initial request until judgment has entered and an Execution is received.

Contested Matters and Counterclaims - Notification of the receipt of a counterclaim shall be provided to creditor immediately upon receipt thereof and copies of any counterclaim received by LGW shall be forwarded to creditor within 24 hours thereafter. LGW will answer any counterclaim filed by the debtor within the period provided by the Massachusetts Rules of Civil Procedure following consultation with the creditor. Appropriate discovery, including interrogatories, requests for production of documents and/or requests for admissions will be filed and served within 7 days of the receipt of an answer to the complaint or the filing of an answer to any counterclaim by LGW. LGW will at all times strive to bring the litigation to a successful conclusion through the use of such procedural devices as motions for judgment on the pleadings or motions for summary judgment.

Settlements - Unless settlement authority has been previously received LGW will transmit any settlement offer received from a debtor to the creditor within 24 hours of receipt. In the event the creditor initiates a settlement proposal, LGW will transmit the proposed settlement offer to the debtor within 24 hours of the receipt of the creditor's instruction. LGW shall follow-up on the proposed settlement, regardless of who initiated the settlement discussions, at least once every 48 hours until a decision on the proposal has been made.

Payment Plans - Within 3 days of the debtor's default on a payment plan, LGW shall initiate follow-up contact by mail and/or by telephone. Within 14 days of the 1st such written attempt to contact the debtor, LGW will mail to the debtor a written notice advising that appropriate action, including possible legal action (if appropriate and authorized), will be undertaken in the event the default is not cured. At the end of said 14 day period LGW will undertake the next appropriate legal step to obtain a judgment against the debtor or pursue available post-judgment remedies (wage garnishment, bank garnishment, attachment of assets or Supplementary Process) if judgment has previously entered.

Post Judgment Proceedings - Written demand for satisfaction of any judgment entered in favor of the creditor shall be made upon the debtor within 24 hours of the receipt by LGW of a notice of entry of judgment unless the court has made a specific order that the judgment be satisfied within a defined period of time, either in full or in installment payments, in which case the debtor shall be advised in writing of the court's finding and order and that appropriate steps to enforce the judgment shall be undertaken by LGW in the event the debtor fails to comply with the order.

Contempt Proceedings - Within 3 days of the debtor's failure to comply with any court ordered payment plan LGW shall notify the debtor of said failure and, if not cured within 10 days thereafter, shall file appropriate contempt proceeding or initiate other appropriate post-judgment action.

Debtor Contact - Prior to commencement of any court action, whether the initial proceeding seeking the entry of judgment, proceedings to attach assets, post-judgment proceeding and/or contempt proceedings, LGW shall notify the debtor in writing and/or through appropriate telephone contact, that action to collect the debt owed has been undertaken (or continues to be pursued) and that the debtor has the option of resolving the account outside of court either by a lump sum settlement or the establishment of a voluntary payment plan or assignment of wages. Such contact shall be frequent but in no event shall it exceed that which is permissible under local, state or federal laws and regulations.

Satisfaction of Judgment - Within 10 days of the satisfaction of a judgment obtained on behalf of a creditor, LGW shall notify the appropriate court that the claim has been paid and, if an Execution has issued, shall place a proper endorsement on the Execution and shall mail same to the issuing court for recording on the docket.

Bankruptcy - Within 24 hours of the receipt of a section 341 notice (notice of 1st meeting of creditors) or information which indicates a petition in bankruptcy has or may have been filed by a debtor, LGW shall confirm the filing of the bankruptcy proceeding through the use of PACER or otherwise and, if confirmed, shall immediately notify the creditor. LGW shall then cease all collection activity and close its file on the account or take such further action (filing proof of claim, attending 341 meeting, etc.) as it is directed to undertake by the creditor.

Skip Tracing - Within 2 days of determining that a debtor obligated on an account with a balance in excess of $500 is a "skip," LGW shall attempt to skip-trace said debtor using the resources at its disposal, including but not limited to, credit bureau reports, Accurint, TeleTrack, reverse directories and public record information available via the Internet.