Kramer and Frank, P.C. > Practice Areas

Commercial Collection Litigation

Kramer & Frank provides full service consumer and commercial collection litigation and dispute resolution services. We practice in state and federal trial and appellate courts in Missouri, Kansas and Southern Illinois. The firm represents a broad range of clients including local and national financial institutions, banks, credit unions, insurance providers and general trade creditors.

The Commercial Collection Litigation Group recognizes that clients’ interests and goals are different in each case. Some clients are best served by front-end negotiations before formal proceedings commence. Others require litigation. If so, Kramer & Frank’s Commercial Collection Litigation Group focuses on each client’s particular interests and rejects a cookie-cutter approach to collections-related litigation.

Kramer & Frank understands that most cases settle. In light of this, the Commercial Collection Litigation Group attorneys consider cases to be on parallel tracks: one focused on winning at trial and the other on placing the case in a favorable settlement position in each pretrial stage. The Group’s attorneys do not blindly posture and refuse to consider reasonable and common sense solutions -- we seek them out.

The Commercial Collection Litigation Group handles diverse litigation matters arising from or related to its collections litigation: the defense of counterclaims; including FDCPA claims; actions for the transfer of assets in fraud of creditors; interpleaders; disputed garnishments; and other general commercial litigation related to collections.

Depending upon the clients’ needs and the nature of the case, Kramer & Frank’s fee options include contingent fee arrangements, hourly billing and, in special circumstances, custom blended fee structures.

Representative Cases

Kramer & Frank’s Commercial Collection Litigation Attorneys have successfully represented:

A local plastics manufacturer in winning a $975,000 judgment (including $650,000 in punitive damages) against the defendant-purchaser corporation and corporate officer for breach of contract and fraud based on a purchase order for specially manufactured goods.
A publicly-traded subsidiary in litigation against its corporate parent for breach of a contract involving a complex tax sharing structure which resulted in a substantial favorable settlement for Kramer & Frank’s client.
A major insurance carrier in winning a substantial federal jury verdict in a complex multi-party, multi-claim litigation which ultimately resulted in a substantial repayment by a commercial insured of premiums erroneously refunded to it by the carrier. On appeal to the Eighth Circuit, Kramer & Frank Litigators obtained a substantial increase in prejudgment interest.
A national window manufacturer against its local distributor and owner in pursuing fraud claims in a multi-party, multi-claim federal court litigation. Kramer and Frank Litigators obtained a favorable jury verdict.
An out-of-state client in registering and executing on a multi-million dollar judgment against a local business and individual. Kramer & Frank Litigators successfully intervened in the individual debtor’s divorce and achieved a substantial recovery for the client.
An insurance bonding company in recovering $600,000 for bankruptcy fraud by a highway construction company in Illinois.
Real estate developers in recovering $525,000 through the enforcement of equitable liens against real estate which title companies failed to note and honor.
A judgment creditor in acquiring the stock of the debtor corporation that held title to real estate which ultimately was sold for $350,000 and applied to the judgment.
A finance company in winning $260,000 on a claim of breach of leases of computer systems.
An attorney in recovering a substantial jury award for unpaid attorneys fees following acrimonious probate litigation.