Collection Process Workflow: Tasks and Stage Transitions
1. Demand Letter/ Filing
Tasks:
Monitor communications for responses, settlement offers, or payment.
Track the response deadline and document any correspondence.
If the deadline passes without resolution, file the case and monitor for the issuance of the summons.
Monitor the court system daily to track when the summons is issued.
When to Move to the Next Stage (Attempting Service):
Trigger: Summons is issued.
Next Steps: Move to Attempting Service Stage and send the summons and case documents to the process server to begin service attempts.
2. Attempting Service Stage
Tasks:
Provide the process server with the summons and case documents.
Verify addresses and update as necessary.
Monitor process server updates daily to track service attempts.
Respond to inquiries from the process server, client, or court.
Obtain affidavits of service or non-service.
When to Move to the Next Stage:
Successful Service:
Trigger: Service is completed successfully, and the affidavit of service is pending from the process server.
Next Steps: Move to Service Stage to wait for and file the affidavit.
Unsuccessful Service:
Trigger: Multiple attempts fail, and the process server provides an affidavit of non-service.
Next Steps: The paralegal files the affidavit of non-service, and the case moves to Alternative Service Stage.
3. Alternative Service Stage
Tasks:
Prepare and file a motion for alternative service.
Monitor the case for updates on whether the motion is granted or denied.
Execute alternative service methods (e.g., posting or publication) if the motion is granted.
File proof of alternative service after execution.
When to Move to the Next Stage:
Trigger: Motion for alternative service is granted, and service is completed.
Next Steps: File the proof of alternative service and move to Service Stage.
If Denied:
Trigger: Court denies the motion for alternative service.
Next Steps: Return to Attempting Service Stage to continue service with updated strategies.
4. Service Stage
Tasks:
Monitor and file the affidavit of service provided by the process server.
Verify the trial date and ensure it is accurately reflected on the calendar.
Remove "tentative" status from the trial date.
Notify the client of service completion and confirm trial scheduling.
When to Move to the Next Stage (Trial Stage):
Trigger: Affidavit of service is filed, and the trial date is confirmed.
Next Steps: Proceed to trial preparation.
5. Trial Stage
Tasks:
Collect all relevant case documents, including contracts, communications, and evidence.
Organize and provide documents to the attorney at least one week before trial.
Confirm the client’s attendance and readiness to testify as a witness.
Finalize any pre-trial filings, such as exhibits and witness lists.
When to Move to the Next Stage:
Trigger: Trial concludes, or the opposing party fails to appear/respond.
Next Steps: If the opposing party defaults, file a motion for default judgment.
6. Default Judgment Stage
Tasks:
Monitor the status of the motion for default judgment.
If granted, initiate enforcement actions (e.g., garnishment, liens).
Provide case status updates to the client.
When to Close the Case:
Trigger: Default judgment is granted, and enforcement actions are completed.
Next Steps: Notify the client, provide a final update, and close the case.