Once a creditor files a lawsuit and is awarded a judgment by the court, the creditor has several options to satisfy its debt. You can garnish wages or levy a bank account. You can also obtain a judgment lien and place it on real property such as a house or even...
California's Uniform Voidable Transactions Act (UVTA) is a vital piece of legislation that serves to protect the rights of both creditors and debtors in the context of asset transfers. Replacing the previous Uniform Fraudulent Transfer Act (UFTA), the UVTA introduces...
What costs are recoverable when enforcing a California money judgment? Under California law, the judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. California Code of Civil Procedure §685.070 specifically allows the judgment...
Under California law, a judgment creditor may assign a judgment to a third person. Cal. Civ.Code 954. "In doing so, the judgment creditor assigns the debt upon which the judgment is based ... Through such an assignment, the assignee ordinarily acquires all the rights...
Collecting a judgment can be one of the more difficult and frustrating parts of a commercial collections case. We have found the following to be highly, effective ways to enforce a Judgment in California: Levy a bank account including a safe deposit box; Levy a...
For California creditors, enforcing a judgment is largely a procedural task. When a judgment is entered by the court, California law gives the creditor certain procedural powers that can be used not only against the debtor, but also against people and entities...
You’ve been to court over a debt collection claim and lost. The court will not collect the money for the creditor. But the court will issue the orders and other documents required to force you (the debtor) to pay. If the judge makes a decision in favor of the...
Piercing the corporate veil is a poetic term for an attempt by a creditor to legally prove that a corporate entity lacks a separate identity from its owner or principal. In Chapter 7 or Chapter 13 bankruptcy matters, it is sometimes necessary to prove that an...
Collecting a debt can be hard work, particularly when the debtor is out of state. If you have successfully obtained a judgment against a party that owes you money, you have a right to collect that judgment – regardless of where the debtor is located or if your...
You've gone to court and secured a judgment against the debtor. Now what? Now you must enforce the judgment. Debtors don't necessarily pay just because a judgment is issued against them. An aggressive commercial collections lawyer can help you with enforcement of...