Some businesses fail to follow up on collection matters for fear of coming off as “too aggressive” or unsympathetic to a business’s financial situation, especially during these uncertain times. However, neither of these approaches need to be the case. Experienced collections attorneys know how to handle the most sensitive of business relationships.
Pre-Litigation Demand Letters
For creditors who are not ready to file a lawsuit, a pre-litigation demand letter can be a great solution. We work with our clients to draft demand letters that could your company save time and money and persuade the debtor to pay your bill. A demand letter is written to a debtor prior to the commencement of litigation and it sets out the actions the debtor will need to take to prevent you from filing a lawsuit.
Debt Collections Lawsuit
Filing a lawsuit for commercial debt collection requires an experienced legal team who understand the nuances of collection law. In some cases, you may be able to obtain pre-judgment remedies such as writ of attachment on personal property, business assets, bank levies, and lis pendens (Notice of Pending Action).
Enforcing California Judgments
A writ of execution is a key tool for enforcing a judgment. The debtor does not receive any advance notice of this, so generally will not find out about it until it is used to seize the debtor’s income or assets. A separate writ of execution must be issued for each county in which a levy is to be made.
A skilled attorney will look for various opportunities to collect on what is owed to you, including through:
- bank levies,
- wage garnishments,
- judgment liens on real property (abstracts of judgment),
- personal property liens including UCC liens,
- judgment debtor exams of defendants and third parties.
Sister State Judgments
Collection matters often cross state lines. Many times, out of state attorneys and creditors need the assistance of a local California attorney to get an out of state judgment approved in California to reach the assets of a California resident. In many instances, a creditor can seek to enforce his judgment in the jurisdiction in which the debtor has assets.
For additional guidance on how to collect a debt, contact The Law Offices of Ronald P. Slates today.