Now that we have established that a creditor may look to a non-debtor spouse and community property to collect a judgment, we will discuss the various legal opportunities for doing so. Non-Debtor Spouse Wages One of the easiest community property assets to look...
Now that we have established the value in utilizing a writ of attachment (read our article on the basics of write attachment here), let's take a look at how to use it. The burden is on you, the creditor, to prove that he/she/it has a right to attach the debtor's...
When it comes to the commercial collections process, nothing says "I mean business" like a pre-judgment application for right to attach order and writ of attachment. Successfully utilized, a writ of attachment is one of the best tools for encouraging the debtor(s)...
What happens when a debtor passes away before the creditor can obtain a judgment and collect? Filing suit within the applicable statute of limitations, and thus preserving the creditor's claim requires a timely filing of a lawsuit against the appropriate defendant. In...
Often times, a judgment creditor will complain that he/she may have a money judgment from the Court stating that a judgment debtor owes them money, but that the debtor fails or refuses to pay. Winning the litigation and getting the judgment is sometimes only half the...
One of the difficulties of commercial collection in California is the basic premise that by the time a debt holder has reached the point of being able to collect on the debt, most debtors don't voluntarily pay the judgment. This means that you must employ a variety of...
The life of a debt secured by a second deed of trust has been subject to a great deal of inconsistent holdings in California and particularly, when the senior lien was made by the same lender. There is a big secondary market in paper secured by second deeds of trust....
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...
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...
Things gained through unjust fraud are never secure. -Sophocles You are owed money damages. You hire a collection attorney, whose hard work results in the case settling at a rather volatile mediation. The defendant enters into a repayment plan over the course of a ...