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...
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...
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...
As a business owner, it may be tempting to act as your own debt collector for commercial (business) loans or outstanding debts. For example, suppose you advance funds to a certain vendor and the vendor delays paying you back for several months. You will likely send...
Some business owners quickly realize that informal methods to collect on outstanding accounts are generally not effective. At some point, especially with a sizeable debt, it makes sense to hire an experienced collections lawyer to represent the business owner in...
