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...
California Commercial Debt Collection Blog
The Basics of a Writ Attachment
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)...
Deadlines for Filing a Creditor’s Claim
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...
A Primer on Collecting a Judgment in California
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...
Turnover Order: Forcing a Debtor to Pay Up
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 Wonderful World of Lien Stripping & Sold-Out Juniors
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....
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...
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...
The Recovery of Treble Damages in a Fraudulent Transfer Case with Intentional Fraud Elements
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 ...
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...