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COMMERCIAL & CONSUMER COLLECTION LITIGATION


Kostka & Associates, LLC ("K&A") is a full service creditor's rights law firm capable of meeting the needs of any creditor having difficulty getting paid or recovering secured collateral.  From the initial demand through collection of the final judgment, K&A is with you every step of the way to ensure your consumer or commercial accounts are a diligently managed.


Areas of collection law include:


  • Foreclosure of residential and commercial real estate
  • Replevin of secured collateral (autos, recreational vehicles, farm implements and commercial equipment)
  • Collection actions for money judgments on both commercial and consumer accounts
  • Breach of Contract


K&A utilizes the latest in software and technology and is, for the most part, a digital law firm.  In 2016, Wisconsin mandated electronic filing in its Courts and K&A has spent much time integrating its systems to take full advantage of these digital mandates. 


Creditor clients are automatically emailed status updates at key junctures  as the matter progresses.  These updates will include PDF attachments of any relevant pleadings filed with the Court.   K&A has the ability to autogenerate most pleadings, track balance and interest on accounts,  post payments, and the capability of generating a wide variety of status reports for our clients.


This automation and systemization streamlines K&A's representation of its clients and K&A passes the savings associated with it on to its clients. 


While many law firms are competent in obtaining a civil judgment, few understand or have the experience to act on that judgment.  K&A has been obtaining and collecting on judgments since 1992, and has a complete knowledge of the law and procedures associated with the following post judgment remedies:


  • Earnings Garnishments
  • Non-Earnings Garnishments
  • Replevins / Levies / Executions
  • Post Judgment Discovery / Supplemental Exams


In a situation where a creditor has obtained a judgment in their state - a  judgment foreign to Wisconsin - K&A is well versed with the requirements needed to quickly domesticate that judgment in Wisconsin and act upon it.


K&A will make sure your judgment is appropriately and effectively enforced.


BANKRUPTCY REPRESENTATION


K&A also represents creditors in Federal Bankruptcy proceedings.  Whether Chapter 7, 11, 12 or 13 K&A has represented its creditor clients in ensuring their rights and secured collateral are protected.  K&A has experience with:


  • Lien Avoidance
  • Relief of the Automatic Stay
  • Cash Collateral Issues
  • Adequate Protection 
  • Adversary Proceedings
  • Debtor Fraud & Disposition  of Secured Collateral


DOCUMENT REVIEW & DRAFTING


K&A also works with its creditor clients to insure their documents and files are in order and in compliance with federal and state law.  This preventative maintenance and overview is designed to standardize business practices in order to avoid problems.  In addition this review is conducted from a creditor/collection point of view to ensure that the documents or contracts contain language favorable to our clients should a collection issue arise or litigation become necessary.


Generally includes the following:


  • Loan Reviews
  • FDCPA Letter Reviews
  • Review and Custom Drafting of Loan & Security Agreements for Specialized Business or Financing Arrangements (including the incorporation of existing logos)
  • Review and Custom Drafting of Contracts for Service Providers (including the incorporation of existing logos)

Experience you can trust


Representing Creditors since 1992

CREDITOR DEFENSE

K&A also  represents creditors and third-party collectors  in both state and federal courts who find themselves struggling with accusations of Truth-in-Lending (TILA) violations, Fair Credit Reporting Act (FCRA) violations, Fair Debt Collection Practices Act (FDCPA) violations or Wisconsin Consumer Act (WCA) violations.


K&A is a member of the American Collectors Association (ACA)  and keeps apprised of trends and developments in these areas of federal law and the nature of claims consumer attorneys are bringing.  K&A uses this knowledge to counsel its clients on developing and implementing policies, practices and procedures that are designed to keep them in compliance with these federal acts.


Areas of Practice

& Practice Methodology


 

Kostka & Associates, LLC

A Creditors' Rights Firm