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...
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...
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...
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...
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...
Commercial collection attorneys frequently settle cases before judgment is entered with a payment stream over time and a stipulation for entry of judgment in the event of default. The lynchpin to this resolution is making sure that the court retains jurisdiction...
Until 2003, there was no clear rule on what notice of entry of judgment constituted. Indeed, in Palmer v.GTE California Inc. (2003) 30 Cal.4th 1265, the Supreme Court finally clarified what constitutes written notice. Palmer held that a party may satisfy the statutory...
In some cases, obtaining a judgment against a defaulting debtor is only the starting point of the collection process. Unfortunately, there are debtors who would rather fight every step of the way rather than pay back the money borrowed or pay for the goods or services...
It's always nice to see the law catching up with technology. In Office Depot v. Zuccarini (9th Circuit 2010) 593 F.3d 696, the court ruled that a creditor may levy against (seize) a domain name in the jurisdiction where the domain name registry is located. This...
With the right collection attorney (i.e., a collection attorney that can actually collect), a money judgment can accumulate a sizable 'return on one's investment'. As of January 1, 1983, the rate of interest on a money judgment is 10% per annum. California Code of...