FAQ

Hays & Potter was established in 1995 as a general practice firm dedicated to providing quality legal representation in business matters, with a primary focus on creditors’ rights, commercial and construction litigation and creditors’ representation in bankruptcy matters. Located just north of Atlanta, the firm’s members practice throughout the state of Georgia and in the Federal courts. Members of the firm took a leading role in the formation of the Creditor’s Rights Section of the State Bar of Georgia. The principals have been presenters for many credit industry groups, as well as regularly presenting programs on credit issues and construction law to the NACM affiliates and trade groups, the Commercial Law League of America and the DePaul Symposium of Business and Commercial Law. The principals of Hays & Potter bring a collective 70 years of legal expertise to represent a wide variety of clients and legal issues.

We will work with you to ensure that the attorney/client relationship is well defined and understood.  While the Hays & Potter Law Firm uses the term “consultation” and “consultant,” we are fully licensed, practicing attorneys who will serve as your legal representative and advocate.
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Will you represent me if my business or I get sued?
Depending on the nature of the lawsuit, yes.  If the lawsuit is of a personal or specialized nature, we will work with you to secure representation from a law firm that specializes in the area of law that you require.

Will you represent me if I need to sue someone?​
Depending on the nature of the lawsuit, yes.  If the lawsuit is of a personal or specialized nature, we will work with you to secure representation from a law firm that specializes in the area of law that you require.

The Hays & Potter Law Firm generally does not provide tax services or tax advice.  State and Federal taxation is so specialized and complex that it is a field of law unto itself. The Hays & Potter Law Firm recommends that businesses work with a tax accountant for their basic taxation needs.  As a client, if you require tax advice or representation, the Hays & Potter Law Firm will work with you to find a trusted attorney who specializes in corporate taxes.

Bankruptcy –  Hays & Potter attorneys represent creditors in matters which might arise in bankruptcy case in virtually every state and district of the Country.  Where it is more cost-effective to do so, we can associate experienced local counsel to handle filings and appearance, while maintaining supervisory control and the single point of contact for the matter.

At the outset of the bankruptcy filing, we can act to protect your interests as claimant in a bankruptcy case:

• Relief from stay
• Reclamation claims
• Claims actions and pursuit of secured collateral

Often, though, creditors find themselves involved defending litigation of adversary proceedings and we provide thorough and cost-effective representation:

• Defense of preference or other avoidance actions
• Dischargeability actions

We serve the entire State of Georgia. Our firm presently has matters pending in all areas of the state and accepts statewide portfolios. However, if we are working on a single matter for a client, it is important to remember that Georgia is the largest state east of the Mississippi and has over 159 counties. Suits generally must be filed in the county where the defendant either resides or maintains a registered office. Upon request, we will provide an estimate of possible travel and other expenses for locations over 100 miles from the metropolitan Atlanta area. Our attorneys are licensed in the State and Superior Courts of Georgia, the US District Courts and all appellate courts.

Yes. While our attorneys are presently licensed only in Georgia, we regularly associate with other counsel throughout the United States, as well as contacts in Europe and Latin America, and can address your litigation needs, allowing clients to manage their collection litigation through a single office. This allows clients with a regional or nationwide service area to handle all of their litigation needs with one call.

We have both hourly and contingent fee structures available. Hourly fees are billed out at standard rates for attorney, paralegal and administrative rates to allow for maximum value for tasks performed for our clients. Contingent rates are available for collection files and vary based on collectability of claims, volume of placements and nature of disputes by debtors. Blended rates based in individual claims are also available.

We generally require a cost deposit of $750.00 for a collection matter with one defendant. If there are multiple defendants or personal guarantors, the cost deposit will be increased slightly to reflect the required extra expenditures. The deposit is maintained in an escrow account and costs are billed against the deposit. The initial cost deposit should cover the filing and service of a suit and costs associated with normal litigation and post judgment collection. Additional costs may arise, but all expenditures are authorized prior to any advances for costs are made.

Georgia has adopted a Notice of Commencement statute. This means that, in many situations, where a document called a Notice of Commencement is on file in the county clerk’s office pertaining to a particular job, subcontractors and material suppliers may be required to provide certain notices within thirty (30) days of the first date of work or delivery of materials. Hays & Potter also addresses issues related to affidavits of non-payment, lien waivers, and necessary filings. For further information on this topic, contact our offices.

Generally, such a claim must be made within 90 days from the last date of work or delivery to a particular project. Your accounting with the debtor must be organized on a per job basis so that payments are properly allocated and all applicable notices must have been sent. Due to the technical nature of certain notice requirements, we will address those on a case by case basis.

Generally, no. Although claims of lien are asserted in order to effectuate a collection of a specific debt, the nature of lien claims and the many technical requirements for properly filing and pursuing a lien claim make a contingent agreement in appropriate in these circumstances. A lien claim is an encumbrance on property and may stand behind a mortgage or other security interest. This means that a lien claim can be successfully litigated and perfected against certain property, but be too costly or unprofitable to proceed with foreclosure and sale of the property.

Yes. For almost 30 years, our firm’s attorneys have serviced the needs of the collection industry. We have numerous agencies with whom we are affiliated and provide litigation services for them throughout the entire state.

We value our agency affiliations and see no need to undermine the relationships built on mutual trust that the attorneys of Hays & Potter have endeavored to build over the past twenty years. We believe that the majority of commercial agencies are structured to provide the most efficient resources to handle the client contact arena and, by doing so, allow our firm to focus its energies on handling the litigation of your commercial claims.

Yes. From the initial filing and identification of what property will be used as collateral in a secured transaction to recovery of the collateral itself and any deficiency balance, Hays & Potter’s attorneys are experienced in representation of creditors in order to maximize their recovery once collection is necessary. From construction and agricultural equipment to trucks and boats to intangible assets such as accounts receivable, our attorneys have successfully recovered secured collateral for our clients throughout the State of Georgia.

Yes. Attorneys at the firm are admitted to practice in all Bankruptcy Courts in Georgia. Furthermore, Hays & Potter is able to practice in Bankruptcy Courts in almost every US District Bankruptcy Court through coordination with local counsel.

No. By representing creditors in bankruptcy matters, the firm is likely to have conflicts of interest in such representation and, therefore, limits its practice exclusively to creditor representation.

Yes. Counsel at Hays & Potter have been actively and regularly involved in defense of preference litigation in bankruptcy court for over 20 years. We have successfully defended numerous clients in preference actions through analysis of payments in the regular course of business and payments for new value.

A common ploy attempted by companies and individuals who realize they will soon have judgment entered against them is to transfer assets in an attempt to avoid liability. Hays & Potter attorneys actively pursue setting aside these types of transactions utilizing the Uniform Fraudulent Transfer Act to defeat transfers to insiders for little or no value. Where a corporation shuts down and a new entity opens with the same people providing the same products or services, Hays & Potter can proceed under a continuation theory to assert liability against the purported new entity for the debts of the prior enterprise.