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California Debt Collection Blog

Can I collect if the debtor’s home is in a trust?

Anyone can use a trust to serve a number of financial goals. An individual can draft a trust to help the creator ensure beneficiaries use assets to fund higher levels of education or the management of properties. A creator can make a trust to help reduce their estate’s tax obligations or even avoid one’s financial obligations to creditors. What types of...

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Forensic accountants: the secret weapon of debt collectors

Debtors are nothing if not clever when it comes to hiding assets. As any creditor or debt collector can tell you, discovering hidden assets and collecting outstanding accounts is not easy. If you suspect that a debtor has taken measures to avoid repayment by using fraudulent transfers, hiding assets in an LLC or other means, you will need more than just...

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How can I collect if all of the debtor’s assets are in a trust?

Debtors have tried everything under the sun to try to hide and protect their assets from the people that they owe money to. Most of these methods fail – such as when they try to give away assets to avoid collection. Other times, the situation becomes a bit more complex, such as when the debtor’s assets are all in the name of a trust rather than in their...

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How debtors try to abuse personal bankruptcy and hurt businesses

There are numerous ways that debtors filing for bankruptcy might abuse the system with fraudulent activity. Hiding assets from creditors is a common scheme since people don't want to give up their property but still want to receive a discharge of their debts. However, it is possible for people to abuse bankruptcy proceedings in other ways. Someone...

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Can you collect if a business has no cash on hand? 

Your company loans money to a small business, which then fails to pay it back. When you ask for payment on that debt, they claim they have no cash and couldn’t even pay if they wanted to. Are you still able to collect?  First of all, if you’re considering legal action and a lawsuit, remember that winning the suit doesn’t hinge on whether or not the company...

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You can find hidden assets and correct fraudulent transfers

As a business owner, it can be extremely frustrating when you cannot get paid for the work that you’ve done or the services you’ve provided. Seeing someone take from you without being willing to pay what’s owed is hurtful and harms your business. Sometimes, it’s possible to seek out compensation through a judgment. The other party may show up to court to...

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4 ways people may attempt to hide assets when facing collections

If someone owes you money and you’re trying to collect, it’s already a frustrating situation. If they would have just paid like they agreed to do, this whole situation could have been avoided. But they haven’t paid, and now you have to try to actively seek that money.  Worse yet, you believe that they could pay. It’s not an issue of not having the assets...

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The role of a forensic accountant in difficult collection cases

An individual owes your business a significant amount of money. Despite having a job, a vehicle and a house, they claim that they simply cannot make payments on what they owe you and default on the debt. Maybe they even try to file for bankruptcy to keep you from suing them or move some of their assets to a different form of ownership. People often try to...

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