Adams & Rocheleau pursues every reasonable means to collect our clients' claims prior to litigation. Our collection lawyers are not only knowledgeable and experienced, but also have at their disposal the most advanced digital information, databases and software in the industry. Utilizing the firm's considerable assets, expertise and creativity, the collection lawyers at Adams & Rocheleau can very often resolve their clients' collection claims prior to litigation. An outline of our general collection procedures is as follows:

1. Adams & Rocheleau receives collection accounts from its collection clients either by manual placement or by electronic data transfer;
2. Upon the account being loaded or input into our computer system, a Client Confirmation Letter is mailed to you and a 30 Day Demand Letter is mailed to the debtor;
3. During this interim 30 day period, our staff conducts a comprehensive asset search in order to identify any real and personal property owned by the debtor. We also verify the debtor's address, phone number and employment. Prior to filing a lawsuit, our firm, in consultation with you, makes an informed and intelligent decision based upon the debtor's employment, home ownership, and other income and asset factors to determine the degree to which the debt is collectible. In addition, during this period, our firm opens the lines of communication with the debtor in order to secure payment without the necessity of litigation;
4. If unable to secure payment during this 30 day time period, a complaint and summons are drafted, filed and served upon the debtor.
5. You are notified when either service of process is accomplished or if the process server is unable to effect service. If service of the complaint cannot be accomplished (and you so authorize,) the debtor will be served by publication. If the complaint is served personally, or by publication, a 20 day time period is docketed for the debtor's filing of the answer. If no answer is filed, a default judgment will be obtained by our office. If an answer is filed, then our firm moves forward with litigation. During litigation, a judgment may be obtained either by the debtor stipulating to settle, through summary judgment, arbitration or trial.
6. Upon securing judgment, our firm immediately institutes post-judgment collection procedures including execution and garnishment.

• Settlement and Compromise: Typically, a voluntary repayment program is preferable to time consuming and expensive litigation, particularly if the debtor is in a precarious financial condition and may be a bankruptcy candidate. In connection with negotiations, the collection lawyers at Adams & Rocheleau will explain to the debtor in detail the advantages to voluntarily extinguishing the debt through a sensible payment plan.
• Confession of Judgment: NRS 17.090 allows a judgment by confession to be entered without legal action. The statement must be filed with the clerk of the court in which the judgment is to be entered. By confessing judgment, the debtor waives the right to trial and a hearing prior to entry of judgment.
• Writ of Attachment: A writ of attachment is a pre-judgment remedy that places a judicial lien on the real or personal property of the debtor which is in the debtor's possession (NRS 31.010). Obtaining provisional remedies, such as attachment, after suit is filed, should help insure that the judgment will be ultimately collected. Although in limited circumstances, pre-judgment attachment can be available without notice to the debtor, generally, notice and hearing are required. The writ may issue in the following cases: unsecured contract actions or secured contract actions where the security has become valueless, or where extraordinary circumstances exist which justify issuance of the writ because of the improbability of reaching the debtor's assets by the time a judgment is rendered.
• Claim and Delivery: Claim and delivery is a provisional remedy that enables a creditor to recover specific, tangible personal property in the defendant's possession so that the creditor may obtain possession of the property prior to judgment. The plaintiff must demonstrate that it is more probable than not that he or she will ultimately obtain a judgment for possession of the personal property, and file a required undertaking (NRS 31.840). Generally, this remedy is used by a creditor whose property is wrongfully held by a debtor. Often the remedy is used by secured creditors to obtain immediate possession of the security or collateral after the debtor has defaulted.
• Receiverships: Under relatively unusual circumstances, the creditor may wish to file suit and have a receiver appointed by the court to take charge of the debtor's property pending trial. This is an expensive procedure, most often used when the debtor is in default under a deed of trust on property generating substantial income. The receiver is an officer and representative of the court appointed to take possession of and preserve specified property that is the subject of pending litigation. It is a "drastic² remedy and the statutes and court rules require that a creditor requesting a pre-judgment receiver show that the appointment is generally necessary and that no lesser remedy (e.g., attachment, claim and delivery, etc.), would adequately protect the creditors' property interest. The law firm of Adams & Rocheleau has considerable experience in the appointment, management and conduct of court appointed receivers.