Frequently Asked Questions

How likely is collection of the full amount owed?

Each case is unique and the circumstances surrounding each case affect the likelihood of full collection. Our firm has years of experience in collections and offers sound advice regarding the likelihood of collection before money is expended.

How much does it cost to begin legal remedies?

To begin a lawsuit, obtain a judgment, and begin post-judgment proceedings, approximately $300 is requested. These are not attorney's fees, they are costs incurred through the legal process such as sheriff's fees and court fees.

How much are attorney's fees?

Fees vary depending on the type of work needed and the type of case. Most cases are performed on a contingency fee basis where a predetermined percentage of the money collected serves as attorney's fees. If no money is collected, no attorney's fees are paid.

Can I recover attorney's fees?

In order to recover attorney's fees, it is necessary to have a signed contract that states in the case of default or the need for collection of the account, attorney's fees will be paid by the debtor. The court awards attorney's fees as they see fit. In commercial cases with a signed agreement allowing for the collection of attorney's fees, the court will often award attorney's fees as part of the judgment. In consumer cases (non-business related) the court rarely awards attorney's fees. If they are awarded in a consumer matter, the most the law allows in the State of Maine is 15% of the amount owed, regardless of the agreement between our firm and our client.

Can I collect interest on what I am owed?

Yes; the rate of interest on a judgment varies depending on whether or not a signed contract exists. Some contracts call for an interest rate as high as 24% per year. If no contract exists and judgment is granted in favor of the creditor, the court will customarily award interest at the statutory rate (approximately 8% at this time) starting from the date the lawsuit is filed.

How long does the process take?

Sometimes all it takes for full recovery is a standard demand letter. Some businesses and individuals are quite compelled to pay when an attorney becomes involved. In some instances the entire process can take years. Our firm is dedicated to our client's needs, regardless of how long or how involved a case may be.

How does the process work?

There are two stages to every case: Pre-Judgment (proving liability and the amount of damages) and Post-Judgment (seeking assets and proving to the Court that our client is entitled to those assets). The general population sees the glamour in the Pre-Judgment stage. However, creditors do not get the results they seek unless success is obtained in the post-judgment stage as well. Our focus is the collection of our client's money. We do this through liens, turnover of assets, and payment plans ordered by the court.

What size cases do you handle?

Our firm handles claims of all sizes. Cases may range anywhere from $100 to $10,000,000. We are successful collecting the small debts as well as the multi-million dollar cases.

What clients do you represent?

Among our clients are financial institutions (such as banks), corporations, municipalities, media outlets, producers, distributors, landlords, hospitals, and individuals that have loaned money to others. Our firm's services are useful to any industry or individual that needs help collecting their money.

What locations/regions do you serve?

Susan J. Szwed, P.A. provides our clients with complete coverage of the entire State of Maine. From Kittery to Madawaska and Jackman to Eastport, our firm will go the extra mile (or 300 in some instances) to pursue and protect our client's interests.

How do I proceed when someone from out of state owes me money?

A lawsuit can be brought in the jurisdiction where the contract originated, where the debtor is located, or in some cases, where the creditor is located. There is some legal analysis involved with the issue of jurisdiction, therefore it is determined ultimately on a case-by-case basis. However, frequently someone in Maine may obtain a judgment in the Maine court system even if the debtor resides out of state.

In order to pursue the assets of the debtor to pay a judgment (the second stage referred to above), a creditor must domesticate the Maine judgment in the jurisdiction where the assets are located. This will require the aid of an out-of-state attorney to represent your interests outside the State of Maine. Our firm works closely with firms outside of the state to insure our client's needs are satisfied. Our firm will handle these arrangements if necessary.

What is the best way to prevent someone from owing me money?

There is no certain way to prevent loss, but you can take certain measures to reduce the risk. Credit reports can give you a good indicator of how much debt the applicant has, how often they pay on time and assets in their name. If you are dealing with a corporation, it is always wise to have a signed contract with a personal guarantee from the agent with whom you are dealing. Additionally, a creditor can require a security for the extension of credit such as a mortgage on real estate or security interest in personal property.

How do I make an appointment to meet with your firm to discuss my needs?

Our office is open Monday-Friday, 8 a.m. to 5 p.m. You may speak with Attorney Szwed or set up an appointment by calling (207) 775-2838 or e-mail us at general@szwed.com. We look forward to hearing from you and providing you with the best legal representation available.