Frequently Asked Questions
BUSINESS REPRESENTATION:
- What does WAPC charge for collection services?
- What Attorney services are normally included in the contingency fee agreement with WAPC?
- How may I receive a status report on accounts collection?
- What information should I provide to WAPC for an account collection?
- If I receive payment from a debtor is it important to inform WAPC?
- If I use your collection service will I have to pay expensive legal costs?
- When do I receive money collected?
- When representing a creditor in bankruptcy, what type of actions will WAPC take on its client’s behalf?
PERSONAL/INDIVIDUAL REPRESENTATION:
- What does WAPC charge for representation of individuals in pursuing claims or for other legal services?
- How may I receive a status report on accounts collection?
- If I am represented by WAPC will I have to pay expensive legal costs?
- If I am to be represented on an hourly basis, how will I know what I owe as fees and costs?
IRS:
- Is it possible to settle my tax lien with the IRS?
- How long does it take to resolve IRS tax liens?
- What can I do if I receive an Audit Letter?
- What can I possibly do about all the penalties and interest charges from the IRS?
- What can I do about resolving my IRS tax problems when I have not filed tax returns?
- What can I do if my IRS problems can not be settled by an Offer in Compromise?
- What can I do to find out what the IRS knows about me and my tax problems?
MEDIATION:
- What is Mediation?
- Who makes decisions about the outcome of mediating disputes?
- How does a typical Mediation Conference work?
- How long does it take to resolve a dispute by mediation?
- How much does Mediation cost?
- What are the benefits of Mediation over traditional litigation?
BUSINESS REPRESENTATION:
1. What does WAPC charge for collection services?
WAPC does not charge the client a fee until we have done our job, meaning we have collected a payment on the debt owed. WAPC offers debt collection based on a contingency fee. It also will accept assignments on an hourly basis should the client desire.
[ Back to Top ]
2. What Attorney services are normally included in the contingency fee agreement with WAPC?
WAPC is a full service law firm of Attorneys and Paralegals. We pursue every legal avenue available for collection of outstanding bad debt. We pursue insurance claims, workers compensation claims, bankruptcy claims, Attorney Represented Debtor claims, Deceased Estate Claims, etc. We will prepare and file any document needed to perfect and protect creditors’ claims through the legal process when necessary to effect collection.
[ Back to Top ]
3. How may I receive a status report on accounts collection?
At WAPC we are focused on customer service. We are glad to fax, mail, or e-mail a status report whenever our clients request one. Also, our technology allows instant status reports by phone, fax, and e-mail. Additional status reports can be scheduled as a part of the agreement between WAPC and the client.
[ Back to Top ]
4. What information should I provide to WAPC for an account collection?
Debtor’s Name, Present Mailing Address and Phone Number, Social Security Number, Signed Contract, Date of Service, the Principal Balance Due, Present Employer and Employment Information, as well as any other essential details for collection.
[ Back to Top ]
5. If I receive payment from a debtor is it important to inform WAPC?
Yes. Call or fax a report about any payments received. Based on your payment information, WAPC will update our records for accurate, continued collection activity or cease collection if the account has been paid in full.
[ Back to Top ]
6. If I use your collection service will I have to pay expensive legal costs?
Litigation is always a last resort in debt collection because it is expensive for both the client and the lawyer. Fast and effective, we use the most expedient, cost free approach for debt collection. Because our fees are contingency-based, both WAPC and its clients benefit when costs are kept to a minimum.
[ Back to Top ]
7. When do I receive money collected?
WAPC remits money collected once a month, after the payment clears the bank.
We retain our fee and reimburse any costs incurred prior to sending the remittance. Other remittance cycles are always possible when needed to better serve the client’s interests.
[ Back to Top ]
8. When representing a creditor in bankruptcy, what type of actions will WAPC take on its client’s behalf?
We are flexible in assisting our clients to meet their objectives, based on the bankruptcy circumstances. We are prepared to handle out of court financial workouts, restructuring negotiations, legal objections of debtor’s proposed Chapter 11 and 13 plans, legal proceedings to deny debt discharge, filing creditors’ proofs of claim, opposing motions objecting to creditors’ proofs of claim, stay relief motions and preference action defense. While these are some of the customary actions you might expect, we also provide a number of other legal services as needed in the bankruptcy arena.
[ Back to Top ]
PERSONAL/INDIVIDUAL REPRESENTATION:
1. What does WAPC charge for representation of individuals in pursuing claims of for other legal services?
The fee charged for representation of individuals depends to a large extent on the nature of the legal right to be protected or enforced. Typically, claims for personal injury will be accepted on a contingency fee basis because there will be the possibility of creating a recovery. If there is no recovery contemplated for the representation, fees based on a reasonable hourly rate may be appropriate.
[ Back to Top ]
2. How may I receive a status report on my legal matter?
Generally, litigation consists of periods of intense work separated by periods of time, typically thirty day cycles, where nothing will occur. Non litigation matters progress normally with client involvement at all steps during the representation. The Attorneys and Paralegals of WAPC will always be happy to provide periodic status reports as the legal matter progresses to conclusion.
[ Back to Top ]
3. If I am represented by WAPC will I have to pay expensive legal costs?
The Rules of Professional Conduct prohibit an Attorney from “financing” lawsuits. However, WAPC will be willing to advance costs as they are incurred so long as the Attorney fee agreement contemplates that costs advanced will be reimbursed from the proceeds of the legal representation.
[ Back to Top ]
4. If I am to be represented on an hourly basis, how will I know what I owe as fees and costs?
WAPC generates monthly statements for all clients being represented. This statement is itemized showing the Attorney/Paralegal involved, the time billed, and the costs incurred.
[ Back to Top ]
IRS:
1. Is it possible to settle my tax lien with the IRS?
An IRS Program called Offer in Compromise allows you to pay the IRS a small amount (pennies on the dollar) and have them wipe out the total amount you owe them, including all penalties and interest. When the IRS accepts your Offer and you pay it, then ALL Federal Tax liens are removed.
[ Back to Top ]
2. How long does it take to resolve IRS tax liens?
Preparing and successfully negotiating an Offer in Compromise is a complicated process and currently takes 6-9 months. Our firm handles the preparation of Offers in Compromise and all of the negotiations with the IRS. Your Offer is completely handled by our firm. You never have to meet with the IRS to discuss your Offer.
[ Back to Top ]
3. What can I do if I receive an Audit Letter?
There is really not much worse mail you can get besides an IRS Audit Letter that says “Come on down to see us or we’ll be out to see you. Oh, and by the way, bring in every piece of paper you have for the last 3 years.”
The first thing we recommend is that you don’t speak or meet with the auditor. Have an independent Attorney handle all correspondence and meetings with the IRS. This puts the IRS on notice that you are serious about winning your audit. The preparation before the audit appointment is extremely important.
Waldrop and Associates, P.C. handles IRS Audits by actually performing an audit of your records in our office before the scheduled Audit Date. This way we uncover any areas where your documentation is not adequate before the IRS Auditor looks at your records.
Our firm meets with the IRS Auditor in either their office or our office, BUT Not In Your Home or Office. Our methods allow you to continue on with your business and personal life and let us deal directly with the IRS.
[ Back to Top ]
4. What can I possibly do about all the penalties and interest charges from the IRS?
It may be possible to reduce these penalties to zero. The IRS has guidelines, which allow many circumstances where the taxpayer is relieved of all the penalties. We request that a taxpayer write our firm a letter explaining all the things that went on in their life at the time of the penalties, then we compose a Request for Penalty Abatement”. It’s a great way to avoid penalties you don’t have to pay.
[ Back to Top ]
5. What can I do about resolving my IRS tax problems when I have not filed tax returns?
Taxpayers get behind in filing tax returns from time to time and often make the problem worse by never filing. You know the IRS is out there looking for you and you want to start sleeping like a baby again. So what’s the hold up?
Well, most people with unfiled returns are afraid of what will happen to them when they get back in the system. By using an Attorney to represent you, as you file these old returns, the Attorney will be the contact person with the IRS. They will deal with all the IRS communications and you can get straight with the IRS without worrying.
[ Back to Top ]
6. What can I do if my IRS problems can not be settled by an Offer in Compromise?
When you find that you can’t pay what you owe, the IRS will work out some type of payment arrangements. The IRS guidelines for what expenses they will allow each month are very stringent. But the bottom line is that you only pay the IRS what you can afford each month. How much you owe does not matter. The payment arrangements are based on how much you can pay. You must understand what the IRS guidelines allow BEFORE any contract is made with the IRS regarding monthly payments.
We review a taxpayer’s financial condition and can usually suggest the amount which the IRS will accept for a monthly payment before we contact the IRS.
Our clients must approve the monthly payment amount before we agree to anything with the IRS. The best time to handle an IRS payment arrangement is BEFORE the IRS levies your bank account or garnishes your wages.
[ Back to Top ]
7. What can I do to find out what the IRS knows about me and my tax problems?
Taxpayers have the right to look at their own IRS file. Many taxpayers would be surprised to see how much and often how little the IRS actually knows about them. Requesting such records is best done by an Attorney who understands how the IRS works and can read the coded documents in your file. The Attorney requesting such information does not raise any red flags and usually has the file information in 30 days. If you’re concerned about what they know about you, we can take a quiet peek for you.
[ Back to Top ]
MEDIATION:
1. What is Mediation?
Mediation is an informal process where an impartial third party, a Mediator, assists disputing parties in reaching a mutually acceptable agreement resolving their dispute. The Mediator acts as a facilitator to the process of identifying issues between the parties, the interests of the parties in order to foster mutual understanding and dispute resolution.
[ Back to Top ]
2. Who makes decisions about the outcome of mediating disputes?
Mediation leaves the decision making power completely with the parties. The Mediator does not decide what is fair or right nor provide any opinion on the merits or chances of success in litigation. The Mediator acts as a conduit between opposing interests attempting to bring them together by defining issues and eliminating obstacles to communication, while moderating and guiding the process to avoid confrontation and ill will.
[ Back to Top ]
3. How does a typical Mediation Conference work?
At a Mediation Conference each party present a summary of their positions. Attorneys generally attend but are not necessarily required. The Mediator may then either meet with each party privately (Caucus) or continue discussions in together as a group (Joint Session) as necessary. Caucuses provide each party the opportunity to express their real interests as well as to vent anger or frustration outside the presence of the opposing side. Joint Session’s allow the parties the opportunity to gain a fuller understanding on where each opposing side’s interests are more aligned with the other than they may expect. The Mediation progresses until an agreement is reached. When agreement is reached it will then be reduced to writing and signed by the parties.
[ Back to Top ]
4. How long does it take to resolve a dispute by mediation?
Mediation may last as long as is reasonable as long as progress in being made towards reaching an agreement resolving the dispute between the parties. Mediation sessions generally last for less than a day but may be continued to the next day or to any mutually agreeable time by the parties.
[ Back to Top ]
5. How much does Mediation cost?
Expenses of Mediation are generally shared equally by the parties unless they agree otherwise. Waldrop and Associates, P.C. charges $150.00 per hour for Mediation services with a minimum charge of $300.00 that is payable in advance of the Mediation Session.
[ Back to Top ]
6. What are the benefits of Mediation over traditional litigation?
- The parties maintain control over the outcome of their own problem as opposed to having a third party (The Court) impose an answer on them.
- Disputes can be settled promptly and can be scheduled as soon as the parties agree to use Mediation to resolve their dispute, even before a lawsuit is filed.
- Mediation costs are significantly less than taking a case to Court.
- Mediation may avoid damaging or destroying relationships by facilitating cooperative problem solving and improved communication.
- Mediation is private and confidential. Mediators are required to abide by a strict code of ethics. The Mediator and the parties must maintain the confidentiality of the information disclosed during the Mediation to the extent required by law.
- Mediation is voluntary. Mediation can be terminated at any time by either party or by the Mediator even in instances where the Court has ordered the parties to attempt to mediate their dispute. Settlement is also entirely voluntary. The parties always retain the right to
[ Back to Top ]
Practicing in courthouses for all Alabama county seats including: Tuscumbia, Athens, Huntsville, Scottsboro, Fort Payne, Guntersville, Decatur, Moulton, Russellville, Hamilton, Double Springs, Cullman, Oneonta, Gadsden, Centre, Lafayette, Ashville, Jasper, Fayette, Vernon, Birmingham, Heflin, Carrolton, Tuscaloosa, Columbiana, Centreville, Clanton, Talladega, Wedowee, Ashland, Eutaw, Greensboro, Marion, Clanton, Prattville, Wetumpka, Opelika, Livingston, Selma, Montgomery, Tuskegee, Phenix City, Butler, Linden, Camden, Hayneville, Union Springs, Clayton, Grove Hill, Luverne, Troy, Chatom, Evergreen, Andalusia, Elba, Ozark, Abbeville, Dothan, Geneva, Brewton, Bay Minette, Mobile, Anniston, Rockford, Monroeville
Rule 7.2(e) of the Rule of Professional Conduct of the Alabama State Bar requires the following:
"No representation is made that the quality of legal service preformed is greater than the quality of legal services by other lawyers." |