This position is a mid-level position, responsible for advising and representing Expansion Capital Group, LLC (“ECG”) in matters related to the collection of outstanding commercial debts and obligations. The Collections Litigation Attorney (“CLA”) will, at the direction of the Vice President for Legal and Compliance (“VPLC”), represent ECG in litigation and arbitration in South Dakota. The CLA will interface with counsel representing ECG in states other than South Dakota. The CLA will assist the VPLC in developing a commercial collections litigation and arbitration strategy and program, conduct legal research, advise, negotiate, and settle commercial debts and obligations.
Essential Functions
Assist the Vice President for Legal and Compliance (“VPLC”) in developing a commercial collections litigation and arbitration strategy and program.
Partner with Recovery management team to ensure net liquidation rates are being met for various litigation segmentation.
Legal Research and Analysis:
Stay updated on relevant laws, regulations, and precedents governing commercial debt collections practices.
Conduct legal research in order to counsel ECG on debt collection strategies, compliance with relevant laws, and potential legal actions.
Compliance:
Ensure compliance with federal, state, and local laws governing commercial debt collection practices.
Stay informed about changes in legislation that may impact commercial debt collection procedures.
Legal Consultation:
Assess the merits of pursuing legal action based on the circumstances of each individual account.
Offer clear and timely information to ECG regarding legal strategies, potential outcomes, and associated costs.
Negotiation and Settlement:
Negotiate with opposing legal counsel to reach settlements, repayment plans, or other agreements to resolve outstanding obligations amicably.
Utilize effective communication and negotiation skills to maximize recovery while considering the financial circumstances of the customer.
Documentation and Record-keeping:
Maintain accurate, current, and detailed records of all interactions, communications, and legal actions related to each individual account.
Prepare, review, and organize legal documents to ensure completeness and accuracy.
Legal Action Initiation:
Initiate legal proceedings in South Dakota by filing lawsuits or initiating arbitration when negotiations fail to achieve a satisfactory resolution.
Cause external counsel representing ECG in states other than South Dakota to file lawsuits or initiate arbitration when negotiations fail to achieve a satisfactory resolution.
Prepare and file legal documents, such as complaints, motions, and other court filings in South Dakota, ensuring compliance with procedural requirements.
Court Representation:
Represent ECG in court proceedings, trials, arbitration, and other legal proceedings in South Dakota related to commercial debt collection.
Present compelling legal arguments, introduce evidence, and advocate for the client’s position to secure favorable judgments.
Assist with other assigned duties as necessary.
Required Education and Experience
Juris Doctorate (JD) degree from an accredited law school.
Admission to the bar in South Dakota.
Prior litigation experience.
Prior experience in commercial debt collection or related field is preferred.
Strong negotiation, communication, and analytical skills.
Knowledge of commercial debt collection laws and regulations.
Strong organizational skills and attention to detail.
Excellent written and verbal communication skills.
Ability to work independently and as part of a team.
Supervisory Responsibility
This position does not have any supervisory responsibility.
Work Environment
This job operates in a professional office environment. This role routinely uses standard office equipment such as computers, phones, photocopiers, filing cabinets and fax machines.
Physical Demands
The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. This is largely a sedentary role; however, some filing is required. This would require the ability to lift files, open filing cabinets and bending or standing on a stool as necessary.
Position Type/Expected Hours of Work
This is a full-time position, and hours of work and days are Monday through Friday, 8:00 a.m. to 5:00 p.m. Occasional evening and weekend work may be required as job duties demand.
Other Duties
Please note this job description is not designed to cover or contain a comprehensive listing of activities, duties or responsibilities that are required of the employee for this job. Duties, responsibilities and activities may change at any time with or without notice.
