Preclusion. This complex issue deserves another blog post. As we have touched on, the two types of preclusion (claim and issue) have different requirements.
Although a past due commercial account will have its own associated facts that may cause you to create a specific commercial collections plan for it, it is helpful for business owners to understand the collections process. Keep in mind that throughout the entire commercial collections process that you should learn as much as you can about the business and its state in order to determine whether the debt is collectible (or remains collectible). If you have questions about the commercial collections process or want to learn about your legal rights, you should speak with a licensed commercial collections attorney in Los Angeles.
Commercial collections can be a confusing process for a business owner. In this post, you're going to learn the answers to the 5 most frequently asked commercial collections questions. This post is not meant as legal advice. In fact, we aren't addressing any legal scenarios here. This is because each commercial collections case is unique and has its own facts as well as potential legal solutions. To learn more about your legal rights, speak with an experienced attorney who focuses their practice on commercial collections.
The start of a collection lawsuit begins with the summons and the complaint. A complaint is the first document filed with the court by a person or entity claiming legal rights against another.
An experienced collections attorney can attest that, generally speaking, the most common basis for moving to vacate is that the defendant claims he/she/it was not served in the origin state. A motion to vacate is a request to the court to withdraw a previous order or judgment it entered. Generally, a motion to vacate will be granted if a party is able to convince the court that s/he did not have a fair chance to present his/her case.
What happens if you have a money judgment against someone that was entered in another state and the defendant moves to California? Is that judgment enforceable? Fortunately, the answer is: Definitely!
An experienced commercial collections attorney is always interested in watching the interplay between state court creditor remedies and how they are interpreted in federal proceedings. A recent 9th Circuit Bankruptcy Appellate Panel (BAP) ruling has reminded those of us in the industry once again of just how important it is to have a judgment debtor examination issued and personally served on the debtor even if you are unable to ultimately conduct the examination. A judgment debtor examination means that once there is a judgment, the creditor can ask that the debtor appear in court to answer questions under oath to answer questions about his or her assets or property such as paychecks and other sources of income, bank accounts, stocks and other investments, and personal and real property. This procedure may also be used to question a third party who may be in possession of the judgment debtor's assets, or owe debts to the judgment debtor.