Collecting upon a judgment is not for the faint of heart. Unless there is insurance or a solvent debtor, getting the judgment is only half the battle. The real theater comes after the client has expended considerable sums getting to the judgment only to learn that the...
California Commercial Debt Collection Blog
Cracking the Shell Game
Creditors: Did you know that you can add an individual as the alter ego of a corporate judgment debtor post-judgment? This is one of those special get out of jail free rules that can really help a collection attorney collect your judgment. Per California Code of Civil...
Requirements for Litigation Under the FDBCA
The FDBCA prohibits a debt buyer from filing suit or initiating arbitration or other legal proceedings to collect a consumer debt if the applicable statute of limitations on the debt buyer's claim has expired. See, California Civil Code § 1788.56. When a debt buyer...
Debt Validation Requirements
Under the FDBPA, if the debtor makes a written request to the debt buyer "for information regarding the debt or proof of the debt" then the debt buyer must provide the debtor, within 15 calendar days and without charge, all of the information or documents required by...
The Basics of the Fair Debt Buying Practices Act
On January 1, 2014, the California Fair Debt Buying Practices Act ("FDBPA") went into effect. The Act, which is intended to provide more protections to consumers whose debts have been sold to a debt buyer, only applies to these debt buyers. It does not apply to...