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April 2016 Archives

Motion to Vacate a Judgment

An experienced collections attorney can attest that, generally speaking, the most common basis for moving to vacate is that the defendant claims he/she/it was not served in the origin state. A motion to vacate is a request to the court to withdraw a previous order or judgment it entered. Generally, a motion to vacate will be granted if a party is able to convince the court that s/he did not have a fair chance to present his/her case.

The Importance of Judgment Debtor Exam

An experienced commercial collections attorney is always interested in watching the interplay between state court creditor remedies and how they are interpreted in federal proceedings. A recent 9th Circuit Bankruptcy Appellate Panel (BAP) ruling has reminded those of us in the industry once again of just how important it is to have a judgment debtor examination issued and personally served on the debtor even if you are unable to ultimately conduct the examination. A judgment debtor examination means that once there is a judgment, the creditor can ask that the debtor appear in court to answer questions under oath to answer questions about his or her assets or property such as paychecks and other sources of income, bank accounts, stocks and other investments, and personal and real property. This procedure may also be used to question a third party who may be in possession of the judgment debtor's assets, or owe debts to the judgment debtor.

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Contact our commercial collections lawyers at our firm to discuss your and your clients' business, commercial collections and enforcement of judgements' issues. The skilled and experienced team of attorneys at our downtown Los Angeles law offices offers hourly and blended fees (discounted hourly plus partial contingent fee) to our clients.

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The Law Offices of Ronald P. Slates, P.C.
500 S. Grand Ave.
#2010
Los Angeles, CA 90071

Toll Free: 866-904-6965
Phone: 213-599-7004
Fax: 213-624-7536
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