Historic Red Rocks

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SILVERMAN/BORENSTEIN

AREAS OF PRACTICE/CLIENT LIST

 

SUMMARY OF LEGAL SERVICES

 

Silverman/Borenstein, PLLC is a full spectrum Creditor's Rights law firm representing clients in areas ranging from basic retail, consumer collections, auto and heavy equipment replevin/repossession, subrogation, residential and commerical foreclosures to creditor's side consumer and complex commercial backruptcies.  Our client list includes Fortune 500 financial institutions, insurance carriers, purchasers of charged off debts, credit unions and commercial organizations.  S&B is dedicated to representing each cleint's specific legal requirements including effective enforcement of their judicial rights while maintaining strict compliance with applicable state and federal laws.  S&B's attorneys are licensed to practice in Colorado and Wyoming.

 

RETAIL COLLECTION

COLLECTION OF CONSUMER DEBT

CREDIT CARDS - PERSONAL OR STUDENT LOANS - SUBROGATION - AUTOMOBILE - DORMANT JUDGMENTS

We have state of the art collection software with CLS and employ sophisticated resources to locate debtors and their assets.   We employ only experienced and professional collectors. We utilize the firm's well developed standards in debt collection from acceptance of the account through post judgment procedures. All accounts are moved through the system to secure a judgment as quickly as possible. In most cases, we can secure a judgment within 90-120 days from intake. As the accounts move through the judicial process, our collectors, skip tracers and dialers are constantly attempting to resolve the accounts through payment in full, settlement or payment plans utilizing stipulated judgments. In addition, our firm employs letter and settlement campaigns to maximize our collection revenues.  Below is a list of type of debt collection we pursue:

 

REPLEVIN/REPOSSESSION

This is an area where we have saved clients significant time and money because of our expedited approach. Most law firms make the costly mistake of separately the obtaining of an order for possession through a show cause hearing only later having to go through a second hearing to obtain a judgment. We have combined these processes into a single proceeding, saving our clients significant amounts of time and money. Our years of experience have taught us to obtain an order for possession and an order for a money judgment at the same time. This procedure eliminates the need for our clients to spend yet even more time and money on seeking a money judgment after recovery of the collateral. Once the collateral is sold, the balance is adjusted and we are ready to collect on the deficiency. Of course, there are situations where the client requires that we obtain only an order for possession in which case we can accommodate and secure such an order in an expedited hearing.

 

CREDITOR SIDE BANKRUPTCY

Our firm specializes in Chapter 7 and Chapter 13 bankruptcy litigation. We pride ourselves in our prompt 24 hour turnaround from time of placement to filing with the court. Our firm routinely appears in the Colorado bankruptcy court where our experience and familiarity with the rules and procedures allow us to approach any case from a practical perspective designed to protect the interest of our clients. Silverman/Borenstein provides a number of services with respect to bankruptcy representation including but not limited to the following.

 

SUBROGATION

Our attorneys are experienced subrogation litigators, with a full and complete understanding of what can sometimes be a confounding process in the hands of the inexperienced. Our firm brings extensive knowledge of insurance contracts, coverage and liability issues together with a track record of success in settlement negotiations.

POST JUDGMENT ENFORCEMENT

Once judgment is obtained, our firm uses many resources to obtain asset information. Just to list a few, we consistently receive bank account and employment information from the following sources:

These are only some of the resources we utilize to locate assets. We determine which resource to use based on a number of factors, such as age of judgment, age and residence of the judgment debtor, and the judgment balance. We employ a cycle approach by cycling the judgments through these various resources based on these factors. We dot hesitate to spend our money on asset searches and it is not uncommon to spend upwards of $100.00 on high balance accounts to secure an asset.

Once we locate and verify an asset we have a dedicated Garnishment Department whose sole responsibility is to process, serve, follow up and secure successful garnishments. Our Garnishment Department is fully staffed where each individual is cross trained to perform all the functions necessary to complete the levy process for both bank garnishments and wage garnishments. We also have employees who are dedicated to monitoring and managing our process servers to ensure that the garnishments are timely served on the banks and employers and then timely filed with the court. We monitor bank garnishment attempts to time such levies to coincide with pay days, such as the 1st and 15th of each month, or every other Friday, depending on the information obtained by our collectors in conversations with the debtors. We are particularly proud of this department.

We record judgments as a matter of course, creating a lien on any real property in the county in which the judgment is recorded.

 

FORECLOSURE & REAL ESTATE

In Colorado a foreclosure can be initiated either through a judicial foreclosure or through the Public Trustee with a non-judicial foreclosure. We believe in the efficient use of available resources to eliminate or reduce delays associated with what is often a lengthy foreclosure process. We have been able to assist our clients in other real property areas such as notices of intent to redeem. We have secured surpluses in amounts upwards of $150,000.00 on individual cases.

 

  

FDCPA DEFENSE - LAW FIRMS and AGENCIES

With the unfortunate abuse of the FDCPA and related consumer protection statutes at an all time high and with no end in sight, the need for competent and quality defense counsel is an absolute necessity.  Silverman/Borenstein provides such defense, vigorously.

 

COMMERCIAL COLLECTIONS/BUSINESS LITIGATION

 

CRIMINAL DEFENSE

Help - When people need it the most 

COMMERCIAL MEDIATION

Mediating commercial disputes has proven to be an extremely successful, productive and cost efficient manner dispute resolution. It is a well established and widely accepted process whereby the parties (and their counsel if represented) genuinely work together to solve the problem at hand as quickly and expeditiously as possible without spending the attendant costs of litigation.

CLIENT LIST

 

Citicorp Credit Services, Inc., Harris Bank/Bank of Montreal, Diners Club, HSBC, RBS Citizens Bank, Huntington National Bank, South County Bank, Wells Fargo Financial Services, Wells Fargo Dealer Services,  GE Money Bank, State Farm, Capital One Auto Finance, Pueblo Bank & Trust, Discover Bank, 1st Bank, Capital One Bank, Compass Bank, US Bank, American Express, California Bank & Trust, Timberline Bank, Franklin Bank (FDIC Receivership), Green Tree Servicing, LLC, Wachovia Dealer Services, Inc.,  Department Stores National Bank, 1st Internet Bank of Indiana, Bank of America,  Barclays Bank, AFNI Insurance, American Family Insurance, Hanover Insurance, National Attorney Network, (National Network), NCO Financial Services, (National Network), Trak America, (National Network), Harvest Strategy Group (National Network), Berman & Rabin (National Network), Fred Hannah & Associates, (National Network), Zwicker & Associates (National Network), Stawiarski & Associates, (National Network), CAPPS (National Network), Weltman, Weinberg & Reis LLP, (National Network), The Restaurant Source, GENCO (Auto Finance),  First Revenue Assurance, Encore Capital Group, RAS Group, Vulcan Management LLC, (Midland Credit Management, Inc.), Resurgent Capital, Denver Health & Hospital, Lyon Financial Services, EDUCAP (Student Loans), Westerra Credit Union, World Wide Asset Management,  Sovereign Bank, First Data, Asset Acceptance Corp., Vulcan Management, LLC, Portfolio Recovery Associates, Atlantic Credit & Finance, Credit Acceptance Corporation, General Revenue Corp, National CU Administration, National Child Support, Arcadia Financial, First Resolution Investment Corp, (FRIC), Riverwalk Holding, Hidden Oak Group, LHR,  Unifund, CCR.