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May 2015 Archives

Collecting at Debt Against a Dead Person

Almost without exception, there is a strict one year statute of limitations for bringing a claim against an estate which starts to run from the date of the death of the debtor regardless of whether you know about it. See, California Code of Civil Procedure Section 366.2. A short limitations period, while seen as beneficial to promote the prompt settlement of estates, can wreak havoc for a judgment creditor. Death alone does not render a debt uncollectible. It just means you need a competent creditor attorney in Los Angeles to navigate the probate process.

Monitoring a Judgment Debtor

California is one of the few states that allows for renewal of a money judgment every ten years without any deadline on the number of renewals. One may say that as a California collection attorney, we actually grow old with the judgment debtors. Most lawyers fail to advise their judgment creditor clients that in the 1st 10 years period after the judgment was entered, they should renew the judgment after 5 years. This is a one time opportunity to effectively "compound the interest.

The Recovery of Treble Damages in a Fraudulent Transfer Case with Intentional Fraud Elements

Debtor's Failure to List & Schedule a Debt Renders Debt Non-Dischargeable

A creditor's attorney is often in a love/hate relationship with the bankruptcy court. Although the entire premise of the bankruptcy court is for a debtor to honestly disclose his assets and liabilities and in return receive his discharge and a fresh start, it often feels like it is the creditor's job through their attorney to ferret out the misrepresentations, investigate the assets and then hope against hope, the trustee sees some value worth pursuing.

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

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