Spiwak & Iezza, LLP has been representing banks and financial institutions in California state and federal courts for nearly three decades. Our firm works with lending officers to assist them in handling all aspects of their collection litigation needs. Our attorneys have an in-depth understanding of the banking industry and special assets departments.
We represent local, regional and national banks, commercial finance companies, asset-based and specialty lenders, mortgage companies, debt purchasers, and equipment lessors. These clients turn over their delinquent matters to us based on our collection experience, our litigation experience defending threats against senior and subordinate secured status, our ability to handle issues regarding the borrower’s premises and inventory, and to address all real and personal property concerns. We also handle negotiation and documentation of workouts and loan modifications and forbearance agreements on both secured and unsecured commercial loan transactions.
We handle complex commercial loan defaults with a strategic approach that maximizes recovery while considering
business relationships and market conditions. Our services include:
Our consumer collection practices combine rigorous compliance with efficient recovery processes. We specialize in:
We excel at converting judgments into recoveries through:
Financial institution collections require strict adherence to federal and state regulations. Our practice maintains comprehensive compliance across the full spectrum of relevant laws and guidelines. We ensure complete adherence to the Fair Debt Collection Practices Act (FDCPA), which governs how we interact with debtors and collect debts. Our processes are fully compliant with the Fair Credit Reporting Act (FCRA), ensuring accurate credit reporting and dispute handling. We strictly follow the Telephone Consumer Protection Act (TCPA) in all communication practices. Additionally, we maintain all necessary state collection licenses and meet local regulatory requirements. Our practices align fully with Consumer Financial Protection Bureau (CFPB) guidelines, ensuring the highest standards of consumer protection compliance.
We leverage advanced technology to increase recovery rates while maintaining rigorous compliance standards. Our sophisticated compliance monitoring and documentation systems automatically track all collection activities and maintain comprehensive records. We employ cutting-edge skip tracing and asset location tools to efficiently locate debtors and their assets.
We understand that each financial institution has unique needs and priorities, and we’ve structured our service model accordingly. Every client works with dedicated account representatives who understand their specific requirements and institutional culture. We provide customized reporting and analytics tailored to each client’s needs, offering insights into collection performance and trends. Our fee structures are flexible and can be adapted to align with various institutional preferences and portfolio types. We conduct regular portfolio reviews to ensure optimal collection strategies and results. Throughout our engagement, we maintain strict adherence to each institution’s internal policies and procedures.
Our attorneys possess deep knowledge across all relevant areas of banking and finance law. Their expertise encompasses comprehensive banking regulations and compliance requirements, ensuring all collection activities meet regulatory standards. They maintain thorough knowledge of the Uniform Commercial Code (UCC), particularly as it relates to secured transactions and creditor rights. Our team is well-versed in bankruptcy law and creditor rights, allowing us to effectively represent our clients’ interests in bankruptcy proceedings. We have extensive experience in real estate and secured transactions, enabling us to handle complex collateral recovery situations. Our attorneys stay current with all consumer protection regulations, ensuring our collection practices protect both our clients and their customers’ rights.
Our firm consistently achieves superior recovery rates while maintaining the highest standards of professional conduct. We understand that our performance directly impacts your bottom line and reputation.
We speak your language and understand your internal processes. Our experience working with financial institutions means we can integrate seamlessly with your recovery operations and compliance requirements.
We recognize that aggressive collection practices can damage valuable banking relationships. Our approach balances effective recovery with maintaining your institution’s reputation in the community.
Our firm handles a comprehensive range of financial obligations, including commercial loans, business lines of credit, consumer credit cards, personal loans, equipment leases, mortgages, and defaulted deposit accounts. We work with both secured and unsecured debt, adapting our approach based on the specific type of obligation and available collateral.
The timeline varies significantly depending on factors such as the type of debt, amount owed, debtor’s financial situation, and whether litigation is necessary. Some accounts may be resolved through pre-litigation negotiations within 30-90 days, while litigated cases can take 6-18 months or longer, particularly if bankruptcy is involved. During our initial portfolio review, we can provide more specific timeline estimates based on your specific cases.
As a law firm specializing in financial institution collections, we offer several distinct advantages. We can handle the entire collection process from demand letters through litigation and judgment enforcement. Our attorneys understand banking regulations and compliance requirements, allowing us to navigate complex regulatory frameworks while protecting your interests. We can also handle related legal matters such as bankruptcy proceedings, lien enforcement, and complex commercial workouts.
We maintain comprehensive compliance management systems that include automated monitoring, regular staff training, documented procedures, and periodic audits. Our technology platforms incorporate built-in compliance checks for all communications and activities. We stay current with regulatory changes and update our processes accordingly. Our attorneys participate in ongoing education to maintain expertise in relevant banking and collection laws.
We employ bank-grade security measures to protect client data, including encrypted communications, secure file transfer protocols, and restricted access systems. Our technology infrastructure meets or exceeds financial industry standards for data protection. We regularly undergo security audits and maintain cyber liability insurance coverage.
To begin collections, we typically need account documentation including loan agreements, payment histories, personal guarantees, security agreements, and correspondence with the debtor. For commercial accounts, we also request business financial statements and any workout discussions history. Our onboarding team will provide a detailed checklist based on your portfolio type.
We provide secure online access to real-time case status updates through our client portal. Clients receive regular reports showing collection activity, recovery rates, and portfolio performance metrics. Your dedicated account representative conducts periodic portfolio reviews to discuss strategy and results. We can customize reporting frequency and format to meet your institutional requirements.
We understand that maintaining positive community relationships is crucial for financial institutions. Our approach emphasizes professional, respectful communication with debtors while firmly pursuing legitimate claims. We can align our collection practices with your institutional values and customer service standards. For business accounts, we consider the potential impact on other banking relationships when developing collection strategies.
We evaluate each account to determine the most cost-effective recovery approach. Factors we consider include: the debt amount, existence of viable assets or income sources, debtor’s litigation history, and potential defenses. We typically recommend litigation when pre-litigation efforts have failed, there are substantial recoverable assets, and the expected recovery justifies litigation costs.
Our bankruptcy practice includes filing proofs of claim, motions for relief from stay, objections to discharge, and representation in adversary proceedings. We monitor bankruptcy filings to protect your interests and pursue available recoveries through the bankruptcy process. For commercial cases, we participate in creditors’ committee proceedings when appropriate and negotiate reorganization plans to maximize recovery.
We employ various judgment enforcement methods including wage garnishments, bank account levies, property liens, and asset seizures. Our asset investigation tools help locate recoverable assets and income sources. We monitor judgment debtors for changes in financial status and pursue recovery opportunities throughout the judgment’s validity period.
Work with a dedicated team of collection attorneys Schedule a consultation to discuss how we can assist with your institution’s collection needs. Contact us today to discuss your case.
***Disclaimer: This page has been prepared by Spiwak & Iezza, LLP for informational and educational purposes only. The content is intended to provide a general overview of the law and does not constitute specific legal advice. Viewing this page or using this site does not establish an attorney-client relationship with Spiwak & Iezza, LLP or any of its members. Additionally, because laws are subject to frequent changes, some of the information provided may no longer be current or applicable.
